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Roth v. United States: The Long Struggle Over Sexual Expression and Landmark Law

Aleksandr Pushkin

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Published in Obscenity Rules: Roth V United States And The Long Struggle Over Sexual Expression (Landmark Law Cases And American Society)

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In 1957, Samuel Roth was convicted of violating federal obscenity laws for selling and distributing allegedly obscene materials through the mail. Roth challenged his conviction, arguing that the First Amendment protected his right to distribute the materials. The case made its way to the Supreme Court, which ruled in a 6-3 decision that the government could restrict the distribution of obscene materials.

The Court's decision in Roth was based on its holding that obscenity is not protected by the First Amendment. The Court defined obscenity as "material that deals with sex in a manner appealing to prurient interest." The Court also held that the government could ban the distribution of obscene materials if it determined that the materials were obscene.

Obscenity Rules: Roth v. United States and the Long Struggle over Sexual Expression (Landmark Law Cases and American Society)

by Whitney Strub

5 out of 5

Language	:	English
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The Roth decision has been cited as precedent in numerous other cases involving obscenity and free speech. The Court has since refined its definition of obscenity, but the basic principles established in Roth remain in place. The Roth decision remains a controversial landmark in American constitutional law, and it continues to be debated by scholars and legal professionals.

The History of Obscenity Law in the United States

The history of obscenity law in the United States can be traced back to the common law. In the early days of the Republic, obscenity was defined as any material that was "lewd, indecent, or lascivious." This definition was very broad, and it allowed the government to ban a wide range of materials.

In the 20th century, the Supreme Court began to narrow the definition of obscenity. In Roth v. United States, the Court held that obscenity was not protected by the First Amendment. The Court also established a three-prong test for determining whether material is obscene.

The Roth test has been used by the Court in numerous other cases involving obscenity. The Court has since refined the test, but the basic principles established in Roth remain in place.

The Roth Test

The Roth test for obscenity has three prongs:

Whether the average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to prurient interest.
Whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by applicable state law.
Whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.

If a work meets all three prongs of the Roth test, then it is considered to be obscene and is not protected by the First Amendment.

The Impact of Roth

The Roth decision has had a significant impact on obscenity law in the United States. The decision has been used by the government to ban a wide range of materials, including books, films, and magazines. The decision has also been used to justify the arrest and prosecution of people who distribute obscene materials.

The Roth decision remains a controversial landmark in American constitutional law. The decision has been criticized by some for being too restrictive, and by others for being too lenient. The debate over obscenity law is likely to continue for many years to come.

Roth v. United States is a landmark case in American constitutional law. The decision established the government's power to restrict the distribution of obscene materials. The decision has been used by the government to ban a wide range of materials, and it has also been used to justify the arrest and prosecution of people who distribute obscene materials.

Obscenity Rules: Roth v. United States and the Long Struggle over Sexual Expression (Landmark Law Cases and American Society)

by Whitney Strub

5 out of 5