...American courts adopted this standard but later decisions have rejected it and substituted this test: whether to the average person, applying contemporary community standards, the dominant theme of the material taken as a whole appeals to prurient interest. The Hicklin test, judging obscenity by the...

...(c) The standard for judging obscenity, adequate to withstand the charge of constitutional infirmity, is whether, to the average person, applying contemporary community standards, the dominant theme of the material, taken as a whole, appeals to prurient interest. Pp. 488-189. (d) In these cases, both trial...

...(c) The standard for judging obscenity, adequate to withstand the charge of constitutional infirmity, is whether, to the average person, applying contemporary community standards, the dominant theme of the material, taken as a whole, appeals to prurient interest. Pp. 488-489. (d) In these cases, both trial...

...material as that "which deals with sex in a manner appealing to prurient interest" ; it held that the test is "whether to the average person, applying contemporary community standards, the dominant theme of the material taken as a whole appeals to prurient interest." This definition and test appears broad enough...

...present standards formulated by the modern American cases are proper and this may be expressed as : The test of obscenity is whether, to the average person,...contemporary community standards, the dominant theme of the material, taken as a whole, appeals to prurient interest. US v. Ulysses, 5 F. Supp. 182 ; Walker v....

...authorities who are responsible for enforcing antiobscenity laws. The test which the Court approved is: "whether to the average person, applying contemporary community standards, the dominant theme of the material taken as a whole appeals to prurient interests." The American Law Institute's tentative draft,...

...established standards in accordance with which the definition must be applied in the following statement : whether to the average person, applying contemporary community standards, the dominant theme of the material taken as a whole appeals to prurient interest. (354 US 476 (1957), 489.) This formula expressly...

...definition of obscenity spelled out in the Roth case (77 S. Ct. 1304) is "that a material is obscene when to the average person, applying contemporary community standards, the dominant theme of the material taken as a whole appeals to prurient interests." This definition is very close in meaning...

...a determination that certain matter is obscene necessarily entails a finding of fact. The test for obscenity is "whether to the average person, applying...contemporary community standards, the dominant theme of the material taken as a whole appeals to prurient interest." Roth v. US (354 US 476). As in a criminal...

...evidence at the trial, including the testimony of experts, pertaining, but not limited, to — (i) whether, to the average person, applying contemporary community standards, the dominant theme of the printed or written matter or material taken as a whole is to prurient interest ; (ii) the artistic,...