Pornography On Trial

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Groups battling pornography must demonstrate that the products they seek to ban are truly obscene and not legitimately protected by the First Amendment—a requirement that often leads to public debate and controversy. Author Thomas C. Mackey thoroughly examines the problems and issues in public policymaking, legal precedents, and the people behind them.

After a brief historical background, Pornography on Trial surveys and analyzes the leading issues and case law on obscenity from l957 to the present. Half the book consists of documents—judicial opinions—from key cases. There are biographical sketches of key people, laws, and concepts from Judge Learned Hand and the Hicklin test to Chief Justice Sir Alexander James Edmund Cockburn's judicial definition of obscenity from l868. The book also includes a chronology, a table of cases, and an annotated bibliography.

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Editorial Reviews

From the Publisher
"A unique reference source on a controversial topic, this well-written and well-organized handbook provides much basic information for students, researchers, and legal professionals. The author should be especially commended for the helpful glossary and excellent annotated bibliography."


American Reference Books Annual

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Product Details

  • ISBN-13: 9781576072752
  • Publisher: ABC-CLIO, Incorporated
  • Publication date: 11/5/2002
  • Series: On Trial Series
  • Pages: 352
  • Age range: 12 years
  • Product dimensions: 6.00 (w) x 9.00 (h) x 0.94 (d)

Table of Contents

Series Foreword
Introduction 3
Pornography as Sex, Sex as Pornography 4
Individual Rights versus Communal Responsibility 6
The Effect of Rights Consciousness 7
Historical Background 13
Control of Objectionable Materials under British Common Law 14
The Hicklin Test 18
Control of Objectionable Materials in the United States 20
Cases 37
Speech, Press, and the Incorporation Doctrine: A Review 39
Cultural and Legal Liberalism 43
Litigating Obscenity from 1942 to 1974 48
Litigating Obscenity from 1974 to the Present 83
Impact and Legacy 119
Documents 129
Commonwealth v. Sharpless (1815) 129
Commonwealth v. Holmes (1821) 131
Regina v. Hicklin (1868) 134
Ex Parte Jackson (1877) 137
United States v. Bennett (1879) 139
Rosen v. United States (1896) 146
Swearingen v. United States (1896) 149
United States v. Kennerley (1913) 151
United States v. One Book Called "Ulysses" (1933) 154
United States v. One Book Entitled Ulysses by James Joyce (1934) 157
United States v. Levine (1936) 163
Butler v. Michigan (1957) 166
Kingsley Books v. Brown (1957) 168
Roth v. United States and Alberts v. California (1957) 172
Manual Enterprises v. Day (1962) 181
Jacobellis v. Ohio (1964) 187
Memoirs v. Massachusetts (1966) 194
Ginsberg v. New York (1968) 197
Stanley v. Georgia (1969) 203
United States v. Reidel (1971) 206
United States v. Thirty-Seven Photographs (1971) 209
Miller v. California (1973) 211
Paris Adult Theatre I v. Slaton (1973) 218
Jenkins v. Georgia (1974) 227
Young v. American Mini Theatres (1976) 231
Federal Communications Commission v. Pacifica Foundation (1978) 235
American Booksellers Association v. Hudnut (1985) 244
City of Renton v. Playtime Theatres (1986) 249
Sable Communications v. Federal Communications Commission (1989) 256
Denver Area Educational Telecommunications Consortium v. Federal Communications Commission (1996) 262
Reno v. American Civil Liberties Union (1997) 269
United States v. Playboy Entertainment Group (2000) 279
Key People, Laws, and Concepts 291
Chronology 309
Table of Cases 313
Annotated Bibliography 317
Index 323
About the Author 335
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