NCJ Number
27070
Date Published
1974
Length
127 pages
Annotation
AN ANALYSIS OF THE CONTENT AND IMPLICATIONS OF THE FIVE 1973 US SUPREME COURT OBSCENITY DECISIONS, WITH CONSIDERATION OF PREVIOUS COURT RULINGS, THE FINDINGS OF THE PRESIDENT'S OBSCENITY COMMISSION, AND LEGISLATION.
Abstract
THE AUTHOR ALSO ADDRESSES THE COURT'S 1974 CLARIFICATIONS TO THESE DECISIONS. ALTHOUGH THE AUTHOR FINDS IMPORTANT SHORTCOMINGS IN THESE DECISIONS, HE SEES IN THEM DESIRABLE SPECIFICITY AND MODERATION. SINCE THE NEW STANDARDS ARE SUPPORTED BY A MAJORITY OF THE COURT, THEY ARE SAID TO ADD AUTHORITY TO AN AREA OF LAW LONG CHARACTERIZED BY UNCERTAINTY. CONFLICT OF THE DECISIONS WITH THE RECOMMENDATIONS OF THE PRESIDENT'S COMMISSION ARE ATTRIBUTED TO IMPORTANT WEAKNESSES IN THOSE RECOMMENDATIONS AND IN THE RESEARCH UPON WHICH THEY WERE BASED. THE AUTHOR CONCLUDES THAT LEGISLATIVE ADOPTION OF IMPORTANT ASPECTS OF THE COURT'S DECISIONS WOULD BRING NEEDED UNITY, AUTHORITY, AND CLARITY TO FEDERAL OBSCENITY LAWS.