PSCI 3303 Chapter Notes - Chapter 2: Dominick Fernow, Strict Scrutiny, Indecent Exposure
17 Oct 2016
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Facts: roth was charged with violating a federal statute, a crime to send obscene, lewd, lascivious or filthy materials or advertisements through the mail. He advertised and sold a literary erotica with pictures. Alberts was charged by california for publishing nude pictures, no claims of literary aspirations. Response: roth - 6 to 3, alberts - 7 to 2. Obscenity was not within the area of constitutionally protected speech or press. First amendment was not intended to protect every utterance or form of expression. Test to determine obscenity was whether the average person, applying contemporary community standards, the dominant theme of the material taken as a whole appeals to prurient interest. Sex in prurient interest vs. sex in art, literature or scientific presence. Obscenity statutes are not in the government"s interests but in the states. Congress has no power over sexual mortality, it"s a state concern.
