United States Obscenity Law
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United States Obscenity Law
United States obscenity law deals with the regulation or suppression of what is considered obscenity. In the United States, discussion of obscenity typically relates to pornography, as well as issues of freedom of speech and of the press, otherwise protected by the First Amendment to the Constitution of the United States. Issues of obscenity arise at federal and state levels. The States have a direct interest in public morality and have responsibility in relation to criminal law matters, including the punishment for the production and sale of obscene materials. State laws operate only within the jurisdiction of each state, and there are wide differences in such laws. The federal government is involved in the issue indirectly, by making it an offense to distribute obscene pornographic material depicting children through the mail, to broadcast them, as well as in relation to importation of such materials. Most obscenity cases in the United States in the past century have revolved a ...
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Obscenity
An obscenity is any utterance or act that strongly offends the prevalent morality of the time. It is derived from the Latin ''obscēnus'', ''obscaenus'', "boding ill; disgusting; indecent", of uncertain etymology. Such loaded language can be used to indicate strong moral repugnance and outrage, in expressions such as "obscene profits" and "the obscenity of war". As a legal term, it usually refers to graphic depictions of people engaged in sexual and excretory activity, and related utterances of profane speech. United States obscenity law In the United States, issues of obscenity raise issues of limitations on the freedom of speech and of the press, which are otherwise protected by the First Amendment to the Constitution of the United States. Federal obscenity law in the U.S. is unusual in that there is no uniform national standard. Former Justice Potter Stewart of the Supreme Court of the United States, in attempting to classify what material constituted exactly "what is ...
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Samuel Blatchford
Samuel M. Blatchford (March 9, 1820 – July 7, 1893) was an American attorney and judge. He was most notable for his service as an Associate Justice of the Supreme Court of the United States from April 3, 1882 until his death in 1893. Early life Blatchford was born in Auburn, New York on March 9, 1820. He was the eldest of five children born to Julia Ann (née Mumford) Blatchford and Richard Milford Blatchford (1798–1875), a well known attorney and friend of Daniel Webster who served as a New York State Assemblyman in 1855, U.S. Minister to the Papal States, and New York City Park Commissioner in 1872. After his mother's death in 1857, his father remarried to Angelica Hamilton, the daughter of James Alexander Hamilton and granddaughter of Alexander Hamilton, the first Treasury Secretary. Angelica died in 1868, and Blatchford married for the third time, to Katherine Hone. His grandfather, also named Samuel Blatchford, was born in England and was the first president o ...
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Federal Communications Commission
The Federal Communications Commission (FCC) is an independent agency of the United States federal government that regulates communications by radio, television, wire, satellite, and cable across the United States. The FCC maintains jurisdiction over the areas of broadband access, fair competition, radio frequency use, media responsibility, public safety, and homeland security. The FCC was formed by the Communications Act of 1934 to replace the radio regulation functions of the Federal Radio Commission. The FCC took over wire communication regulation from the Interstate Commerce Commission. The FCC's mandated jurisdiction covers the 50 states, the District of Columbia, and the territories of the United States. The FCC also provides varied degrees of cooperation, oversight, and leadership for similar communications bodies in other countries of North America. The FCC is funded entirely by regulatory fees. It has an estimated fiscal-2022 budget of US $388 million. It has 1,482 ...
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Lascivious
Lascivious behavior is sexual behavior or conduct that is considered crude and offensive, or contrary to local moral or other standards of appropriate behavior. In this sense "lascivious" is similar in meaning to "lewd", "indecent", "lecherous", "unchaste", "licentious" or " libidinous". Legal usage In American legal jargon, ''lascivious'' is a semi-technical term indicating immoral sexual actions and in certain cases, words or thoughts. It is often used in the legal description of criminal acts in which some sort of sexual activity is prohibited. The legal definition of the term varies greatly across jurisdictions, and has evolved significantly over time, reflective of current moral values as they relate to sexuality. For example, in 1896, ''lascivious cohabitation'' referred to the now-archaic crime of living with a member of the opposite sex and having premarital sex with him or her. In 2015, the laws of three states of the United States (Florida, Michigan and Mississippi) ...
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Warren Burger
Warren Earl Burger (September 17, 1907 – June 25, 1995) was an American attorney and jurist who served as the 15th chief justice of the United States from 1969 to 1986. Born in Saint Paul, Minnesota, Burger graduated from the St. Paul College of Law in 1931. He helped secure the Minnesota delegation's support for Dwight D. Eisenhower at the 1952 Republican National Convention. After Eisenhower won the 1952 presidential election, he appointed Burger to the position of Assistant Attorney General in charge of the Civil Division. In 1956, Eisenhower appointed Burger to the United States Court of Appeals for the District of Columbia Circuit. Burger served on this court until 1969 and became known as a critic of the Warren Court. In 1969, President Richard Nixon nominated Burger to succeed the Chief Justice, Earl Warren, and Burger won Senate confirmation with little opposition. He did not emerge as a strong intellectual force on the Court, but sought to improve the administ ...
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Miller V
A miller is a person who operates a mill, a machine to grind a grain (for example corn or wheat) to make flour. Milling is among the oldest of human occupations. "Miller", "Milne" and other variants are common surnames, as are their equivalents in other languages around the world (" Melnyk" in Russian, Belorussian & Ukrainian, " Meunier" in French, " Müller" or "Mueller" in German, "Mulder" and "Molenaar" in Dutch, "Molnár" in Hungarian, "Molinero" in Spanish, "Molinaro" or "Molinari" in Italian etc.). Milling existed in hunter-gatherer communities, and later millers were important to the development of agriculture. The materials ground by millers are often foodstuffs and particularly grain. The physical grinding of the food allows for the easier digestion of its nutrients and saves wear on the teeth. Non-food substances needed in a fine, powdered form, such as building materials, may be processed by a miller. Quern-stone The most basic tool for a miller was the quern ...
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Memoirs Of A Woman Of Pleasure
''Memoirs of a Woman of Pleasure''—popularly known as ''Fanny Hill''—is an erotic novel by English novelist John Cleland first published in London in 1748. Written while the author was in debtors' prison in London,Wagner, "Introduction", in Cleland, ''Fanny Hill'', 1985, p. 7. it is considered "the first original English prose pornography, and the first pornography to use the form of the novel". It is one of the most prosecuted and banned books in history. The book exemplifies the use of euphemism. The text has no "dirty words" or explicit scientific terms for body parts, but uses many literary devices to describe genitalia. For example, the vagina is sometimes referred to as "the nethermouth", which is also an example of psychological displacement. A critical edition by Peter Sabor includes a bibliography and explanatory notes. The collection ''Launching "Fanny Hill"'' contains several essays on the historical, social and economic themes underlying the novel. Publ ...
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Memoirs V
A memoir (; , ) is any nonfiction narrative writing based in the author's personal memories. The assertions made in the work are thus understood to be factual. While memoir has historically been defined as a subcategory of biography or autobiography since the late 20th century, the genre is differentiated in form, presenting a narrowed focus. A biography or autobiography tells the story "of a life", while a memoir often tells the story of a particular event or time, such as touchstone moments and turning points from the author's life. The author of a memoir may be referred to as a memoirist or a memorialist. Early memoirs Memoirs have been written since the ancient times, as shown by Julius Caesar's ''Commentarii de Bello Gallico'', also known as ''Commentaries on the Gallic Wars''. In the work, Caesar describes the battles that took place during the nine years that he spent fighting local armies in the Gallic Wars. His second memoir, ''Commentarii de Bello Civili'' (or ''Comme ...
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I Know It When I See It
The phrase "I know it when I see it" is a colloquial expression by which a speaker attempts to categorize an observable fact or event, although the category is subjective or lacks clearly defined parameters. The phrase was used in 1964 by United States Supreme Court Justice Potter Stewart to describe his threshold test for obscenity in '' Jacobellis v. Ohio''. In explaining why the material at issue in the case was not obscene under the Roth test, and therefore was protected speech that could not be censored, Stewart wrote: The expression became one of the best-known phrases in the history of the Supreme Court. Though "I know it when I see it" is widely cited as Stewart's test for "obscenity", he did not use the word "obscenity" himself in his short concurrence, but stated that he knew what fitted the "shorthand description" of "hard-core pornography" when he saw it. Stewart's "I know it when I see it" standard was praised as "realistic and gallant" and an example of candor. It ...
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Potter Stewart
Potter Stewart (January 23, 1915 – December 7, 1985) was an American lawyer and judge who served as an Associate Justice of the United States Supreme Court from 1958 to 1981. During his tenure, he made major contributions to, among other areas, criminal justice reform, civil rights, access to the courts, and Fourth Amendment jurisprudence. After graduating from Yale Law School in 1941, Stewart served in World War II as a member of the United States Navy Reserve. After the war, he practiced law and served on the Cincinnati city council. In 1954, President Dwight D. Eisenhower appointed Stewart to a judgeship on the U.S. Court of Appeals for the Sixth Circuit. In 1958, Eisenhower nominated Stewart to succeed retiring Associate Justice Harold Hitz Burton, and Stewart won Senate confirmation afterwards. He was frequently in the minority during the Warren Court but emerged as a centrist swing vote on the Burger Court. Stewart retired in 1981 and was succeeded by the first female Uni ...
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Jacobellis V
The name Jacobellis may call to mind: * Jacobellis v. Ohio, a United States Supreme Court decision of 1964 on obscenity *Lindsey Jacobellis Lindsey Jacobellis (born August 19, 1985) is an American snowboarder from Roxbury, Connecticut. The most decorated female snowboard cross athlete of all time, she dominated the sport for almost two decades as a five-time World Champion and ten ...
, a 2022 Olympic gold-medalist snowboarder {{Disambig ...
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