Hicklin test
The Hicklin test is a
History
The modern English law of obscenity began with the Obscene Publications Act 1857, also known as Lord Campbell's Act.[3] Lord Campbell, the Chief Justice of Queen's Bench, introduced the bill, which provided for the seizure and summary disposition of obscene and pornographic materials. The Act also granted authority to issue search warrants for premises suspected of housing such materials.[4]
Regina v Hicklin involved one Henry Scott, who resold copies of an
Chief Justice Cockburn, on April 29, 1868, reinstated the order of the lower court, holding that Scott's intention was immaterial if the publication was obscene in fact. Justice Cockburn reasoned that the Obscene Publications Act allowed banning of a publication if it had a "tendency… to deprave and corrupt those whose minds are open to such immoral influences, and into whose hands a publication of this sort may fall."[5] Hicklin therefore allowed portions of a suspect work to be judged independently of context. If any portion of a work was deemed obscene, the entire work could be outlawed.
In United States
Adoption of obscenity laws in the United States was largely by the efforts of
However, in 1933, the Hicklin test ended on the federal level when, in United States v. One Book Called Ulysses, 72 F.2d 705 (2d Cir. 1933), Judge John Woolsey found Ulysses to not be obscene. Avoiding the Hicklin test, he said instead that in evaluating obscenity, a court must consider (1) the work as a whole, not just selected passages that could be interpreted out of context; (2) the effect on an average, rather than the most susceptible person; and (3) contemporary community standards. This ruling refuted those who argued against adult possession of material that could hypothetically corrupt a child.[11]
Finally, in 1957, the Supreme Court ruled in
References
- ISBN 978-0-674-11612-2. Retrieved 30 September 2011.
- ISBN 978-0-495-50324-8. Retrieved 30 September 2011.
- ISBN 978-0-8247-2077-3. Retrieved 30 September 2011.
- ^ ISBN 978-0-275-94127-7. Retrieved 30 September 2011.
- ^ Wikisource. – via
- ISBN 978-0-674-02497-7. Retrieved 17 October 2011.
- ^ Kevles, Daniel J. (July 22, 2001). "The Secret History of Birth Control". The New York Times. Retrieved 2006-10-21.
- ISBN 978-0-7614-2144-3. Retrieved 17 October 2011.
- ISBN 978-0-415-96246-9. Retrieved 17 October 2011.
- ^ Rosen, at 43
- ^ Sandi Towers-Romero, Media and Entertainment Law (NY: Delmar, Cengage Learning, 2009), 35.
- ISBN 978-1-4051-5053-8. Retrieved 17 October 2011.
- ^ "Roth v United States, 354 U. S. 476 : Volume 354 : 1957 : Full Text : US Supreme Court Cases from Justia & Oyez". Retrieved 2011-10-17.
- ISBN 978-0-9635752-4-1. Retrieved 17 October 2011.
Further reading
- "Obscene Publications Act (British law) - Britannica Online Encyclopedia". Britannica.com. Retrieved 2011-09-30.
- "Pornography On Trial". Bsos.umd.edu. Archived from the original on 2011-09-27. Retrieved 2011-09-30.
- "Obscene Censorship - A History of Erotica Censorship". Eroticabibliophile.com. Retrieved 2011-09-30.
- "The Free Expression Policy Project". Fepproject.org. Retrieved 2011-09-30.
- "Obscenity and media law". Radford.edu. 1968-06-14. Archived from the original on 2011-09-27. Retrieved 2011-09-30.