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" Hicklin. [L]ater decisions have rejected it and substituted this test: whether to the average person, applying contemporary community standards, the dominant theme of the material taken as a whole appeals to prurient interest. "
Judicial Entrepreneurship: The Role of the Judge in the Marketplace of Ideas
por Wayne McIntosh, Cynthia L. Cates - 1997 - 129 páginas
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volumen431

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1976 - 1102 páginas
...American courts adopted this standard but later decisions have rejected it and substituted this test: whether to the average person, applying contemporary...the material taken as a whole appeals to prurient interest. The Hicklin test, judging obscenity by the effect of isolated passages upon the most susceptible...
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volumen354

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1957 - 670 páginas
...post, p. 476, the Court held to be constitutional the following standard for judging obscenity — whether to the average person, applying contemporary...the material taken as a whole appeals to prurient interest. The statutes there involved allowed a jury trial of right, and we did not reach the question...
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Committee Prints

United States. Congress. House. Committee on Post Office and Civil Service - 1957 - 834 páginas
...formuated by the modern American cases are proper and may be expressed as follows: The test of obscenity is whether, to the average person, applying contemporary community standards, the dominant theme of the questioned material, taken as a whole, appeals to prurient interest. These standards make the concept...
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Mailing of Obscene Matter: Hearings Before Subcommittee No. 1, Committee on ...

United States. Congress. House. Committee on the Judiciary. Subcommittee No. 1 - 1958 - 138 páginas
...particularly susceptible persons" does not pertain ix' American law, and we have adopted the standard "whether to the average person, applying contemporary...standards, the dominant theme of the material taken as a whole appears to prurient interest." The Court went on to say in the Roth case, '.'The Hicklin...
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Obscene Matter Sent Through the Mail: Hearing Before the Subcommittee on ...

United States. Congress. House. Committee on Post Office and Civil Service - 1959 - 62 páginas
...the area of protected speech and press under the first amendment. That the test of obscenity should be whether, "to the average person, applying contemporary...the material taken as a whole appeals to prurient interest." (Prurient interest is defined as lewd or lascivious desire.) "We are mainly interested,"...
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Detention of Mail for Temporary Periods: Hearings ... Eighty-sixth Congress ...

United States. Congress. House. Committee on Post Office and Civil Service - 1959 - 110 páginas
...established standards in accordance with which the definition must be applied in the following statement : whether to the average person, applying contemporary...the material taken as a whole appeals to prurient interest. (354 US 476 (1957), 489.) This formula expressly provides for the consideration of community...
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Obscene Matter Sent Through the Mail

United States. Congress. House. Committee on Post Office and Civil Service - 1959 - 76 páginas
...formulated by the modern American cases are proper and may be expressed is follows: The test of obscenity is whether, to the average person, applying contemporary community standards, the dominant theme of the questioned material, taken as a whole, appeals to prurient interest. These standards make the concept...
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Obscene Matter Sent Through the Mail: Hearing Before the Subcommittee on ...

United States. Congress. House. Committee on Post Office and Civil Service - 1959 - 142 páginas
...by the modern American cases are proper and may be expressed as follows : The test of obscenity is whether, to the average person, applying contemporary community standards, the dominant theme of the questioned material, taken as a •whole, appeals to prurient interest. These standards make the concept...
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Control of Obscene Material: Hearings, Eighty-sixth Congress, First and ...

United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Constitutional Amendments, United States. Congress. Senate. Committee on the Judiciary. Subcommittee to Investigate Juvenile Delinquency - 1960 - 178 páginas
...determination that certain matter is obscene necessarily entails a finding of fact. The test for obscenity is "whether to the average person, applying contemporary...the material taken as a whole appeals to prurient interest." Roth v. US (354 US 476). As in a criminal proceeding, there is first a determination that,...
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Circulation of Obscene and Pornographic Material, 86-2

United States. Congress. House. Subcommittee on Postal Operations of the Post Office and Civil Service Committee - 1960 - 70 páginas
...lecherous, dissolute, sensual, debauched, impure, salacious, or pornographic. "Obscene" means that to the average person, applying contemporary community...the material taken as a whole appeals to prurient interest. "Person" means any individual, partnership, firm, association, corporation, or other legal...
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