NCJ Number
13005
Journal
Washington Law Review Volume: 49 Issue: 1 Dated: (NOVEMBER 1973) Pages: 89-135
Date Published
1973
Length
47 pages
Annotation
RECENT SUPREME COURT OBSCENITY DECISIONS HAVE FAILED TO ELIMINATE CONCEPTUAL DIFFICULTIES INHERENT IN PRIOR COURT TESTS.
Abstract
THE AUTHOR REVIEWS THE HISTORY OF OBSCENITY DECISIONS FROM 1868 TO THE PRESENT. HE CONCLUDES THAT THE REACTION TO THE BURGER COURT DECISIONS IS A COMBINATION OF DISAPPOINTMENT AND RELIEF. OBSERVERS ARE DISAPPOINTED THAT THE CONCEPT OF OBSCENITY AS A BREED OF SPEECH OUTSIDE THE PROTECTION OF THE FIRST AMENDMENT, BELIEVED TO BE ON THE WAY OUT DURING THE WARREN COURT YEARS, SEEMS TO HAVE BEEN REAFFIRMED. RELIEF IS ALSO PRESENT BECAUSE THE CHANGES IN THE PRIOR SUPREME COURT TESTS WERE SO SLIGHT AND THE EFFECT SO MUCH LESS RESTRICTIVE THAN HAD BEEN FEARED. HE ADDS THAT THE COURT'S OPINIONS ARE LESS THREATENING IN THEIR FORMAL HOLDINGS THAN IN THEIR DOMINANT MOOD.