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ERIC Number: ED025497
Record Type: RIE
Publication Date: 1960-Nov
Pages: 119
Abstractor: N/A
Reference Count: 0
Censorship of Obscenity: The Developing Constitutional Standards.
Lockhart, William B.; McClure, Robert C.
Minnesota Law Review, v45 n1 p5-121 Nov 1960
To demonstrate that substantial protection has been given to published material dealing with sex, an analysis of the constitutional criteria governing recent Supreme Court decisions in the area of obscenity censorship is presented. It is found that the Supreme Court uses "hard core pornography" as the foundation of a "constant" concept of obscenity. A "variable" concept making the validity of censorship dependent upon the particular material's primary audience and the nature of its appeal to that audience is endoreed and explained. Also discussed are (1) the requirement that material be judged as a whole on the basis of its dominant theme, (2) the weight to be given "redeeming social importance," (3) the protection of "immoral" ideas, (4) the requirement of "scienter," (5) the meaning and application of "contemporary community standards," and (6) the need for independent judicial review of obscenity findings. (Author/DL)
Publication Type: N/A
Education Level: N/A
Audience: N/A
Language: N/A
Sponsor: N/A
Authoring Institution: N/A
Identifiers: N/A