COM CM 481 Lecture Notes - Lecture 6: Statistical Hypothesis Testing, Hicklin Test, Warren Court
Document Summary
Court decided obscenity was not protected by 1st amendment. 3 criteria = hicklin test: work as a whole appeals to prurient (unnatural sexual) interest of average person, as defined by contemporary community standards, without redeeming social importance, goes beyond normal standards of candor in describing sexual acts. The way they define obscenity = change over time. Problem is that this term is difficult to define/subjective. Memoir of "woman of pleasure" --> common name = fanny hill. Changed definition obscenity from social importance to social value. Added word utterly --> "utterly" without social value. Supreme court watches movie --> if 5 find it obscene, they convict without writing an opinion. Major shift of obscenity law in 1973 --> move from warren court to burger court (liberal to conservative) Court sympathy with mother being exposed to obscene material works against miller. Scotus decides it"s time to change definition of obscenity --> essentially current definition of obscenity p485, ii: miller test.