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

...post, p. 476, the Court held to be constitutional the following standard for judging obscenity — whether to the average person, applying contemporary...standards, the dominant theme of the material taken as a whole appeals to prurient interest. The statutes there involved allowed a jury trial of right,...

...formuated by the modern American cases are proper and may be expressed as follows: The test of obscenity is whether, to the average person, applying contemporary community standards, the dominant theme of the questioned material, taken as a whole, appeals to prurient interest. These standards make the concept...

...particularly susceptible persons" does not pertain ix' American law, and we have adopted the standard "whether to the average person, applying contemporary...standards, the dominant theme of the material taken as a whole appears to prurient interest." The Court went on to say in the Roth case, '.'The Hicklin...

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

...formulated by the modern American cases are proper and may be expressed is follows: The test of obscenity is whether, to the average person, applying contemporary community standards, the dominant theme of the questioned material, taken as a whole, appeals to prurient interest. These standards make the concept...

...by the modern American cases are proper and may be expressed as follows : The test of obscenity is whether, to the average person, applying contemporary community standards, the dominant theme of the questioned material, taken as a •whole, appeals to prurient interest. These standards make the concept...

...determination that certain matter is obscene necessarily entails a finding of fact. The test for obscenity is "whether to the average person, applying contemporary...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 proceeding, there...

...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,...

...lecherous, dissolute, sensual, debauched, impure, salacious, or pornographic. "Obscene" means that to the average person, applying contemporary community...standards, the dominant theme of the material taken as a whole appeals to prurient interest. "Person" means any individual, partnership, firm, association,...