OBSCENITY - THE NEW LAW AND ITS ENFORCEMENT - TWO VIEWS (FROM CRIMINAL JUSTICE SYSTEMS REVIEW, 1974 BY JON S SCHULTZ AND JON P THAMES - SEE NCJ-30751)

• NCJ Number: 30755
• Author(s): M BENJOYA; R L ZISSON; D J LA CROIX
• Date Published: 1974
• Length: 35 pages
• Corporate Author: William S Hein and Co, Inc
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

THIS ARTICLE DEALS WITH A SERIES OF RECENT SUPREME COURT OBSCENITY DECISIONS (THE MILLER V. CALIFORNIA SERIES) AND EVALUATES THEM IN LIGHT OF HISTORICAL AND SOCIOSCIENTIFIC DATA.

Abstract

THE FIRST SECTION OF THE ARTICLE IS CONCERNED WITH THE SUBSTANTIVE EFFECT THESE DECISIONS HAVE HAD ON THE EXISTING LAW. EARLIER RULINGS AND STANDARDS USED IN THE EVALUATION OF OBSCENITY ARE EXAMINED AND CONTRASTED WITH THE STANDARDS RECENTLY PROMULGATED. THE AUTHORS THEN TURN TO THE QUESTION OF THE CONSTITUTIONALITY AND DESIRABILITY OF THE CLASSIFICATION OF CERTAIN MATERIALS AS OBSCENE, AND THUS UNPROTECTED BY THE FIRST AMENDMENT, IN GENERAL. THE PROBLEM IS DISCUSSED IN THE CONTEXT OF SOCIOLOGICAL DATA, REFLECTING THE EFFECT OF EROTIC MATERIALS ON PUBLIC MORALITY AND WELFARE. THE SECOND PORTION OF THE ARTICLE DEALS WITH PROCEDURAL ASPECTS OF THE RECENT RULINGS. PROCEDURAL DIFFICULTIES WHICH HAVE PREVENTED DIRECT JUDICIAL TREATMENT OF THE SUBSTANTIVE ISSUE OF OBSCENITY ARE EXAMINED AND CONTRASTED WITH THE PROTECTIONS AGAINST PRIOR RESTRAINTS WHICH THE COURT HAS RECENTLY FORMULATED. THE ARTICLE CONCLUDES WITH THE AUTHORS' INDIVIDUAL EVALUATIONS OF THE DECISIONS, WHICH EMPHASIZE THE ARTICLE'S INTENTION TO PRESENT A PICTURE OF THE TWO MAIN ASPECTS OF THE RECENT CASES FROM TWO VIEWS. (AUTHOR ABSTRACT)