Roth Decision z The Roth Decision worthless and

Roth Decision z The Roth Decision: worthless and sexually lewd z Harlan dissent: OK to control, but let the states do it z Douglas and Black: 1) Constitution didn’t allow exceptions for speech that caused “impure thoughts” and 2) we don’t sanction community standards for any other expression, why for sexualized expression

Post Roth Decisions z Jacobellis v. Ohio (1964)--can’t define obscenity, Stewart says “I know it when I see it”, Brennan intimates “national stds” z Memoirs v. Massachusetts (1966)--examine literary merit z Ginzburg v. US (1966) The Housewife’s Guide to Selective Promiscuity, pandering as a crime z What about leather? Mishkin case--argued average wouldn’t find prurient, intended recipients

Miller v. California (1973) z. The decision: ywhether the average person, applying the contemporary standard of the state or local community find the work taken as a whole, appeals ywhether the work depicts in a patently offensive way sexual conduct specifically defined by the applicable state law ywhether the work lacks serious literary, artistic, political, or scientific value (SLAPS)

Controlling Obscenity z. President’s Commission on Obscenity and Pornography 1973 z. Attorney General’s Commission on Pornography 1986 z. Other solutions-ystronger enforcement y. Zoning laws y. RICO prosecutions (Pryba v. US)