Artistic merit is the artistic quality or value of any given work of art, music, film, literature, sculpture or painting.
Artistic merit is the artistic quality or value of any given work of art, music, film, literature, sculpture or painting.
The 1921 US trial of James Joyce's novel Ulysses concerned the publication of the Nausicaa episode by the literary magazine The Little Review , which was serializing the novel. Though not required to do so by law, John Quinn, the lawyer for the defence, decided to produce three literary experts to attest to the literary merits of Ulysses, as well as The Little Review's broader reputation. [1] The first expert witness was Philip Moeller, of the Theatre Guild, who interpreted Ulysses using the Freudian method of unveiling the subconscious mind, which prompted one of the judges to ask him to "speak in a language that the court could understand". [2] The next witness was Scofield Thayer, editor of The Dial , another literary magazine of the time, who "was forced to admit that if he had had the desire to publish Ulysses he would have consulted a lawyer first—and not published it". [2] The final witness was English novelist, lecturer, and critic John Cowper Powys, who declared that Ulysses was a "beautiful piece of work in no way capable of corrupting the minds of young girls". [2] The editors were found guilty under laws associated with the Comstock Act of 1873, which made it illegal to circulate materials deemed obscene in the U.S. mail, incurred a $100 fine, and were forced to cease publishing Ulysses in The Little Review. It was not until the 1933 case United States v. One Book Called Ulysses that the novel could be published in the United States without fear of prosecution.
Another important obscenity trial occurred 1960 in Britain, when the full unexpurgated edition of D. H. Lawrence's Lady Chatterley's Lover was published by Penguin Books. The trial of Penguin under the Obscene Publications Act 1959 was a major public event and a test of the new obscenity law. The 1959 act (introduced by Roy Jenkins) had made it possible for publishers to escape conviction if they could show that a work was of literary merit. Several academic critics and experts of diverse kinds, including E. M. Forster, Helen Gardner, Richard Hoggart, Raymond Williams, Norman St John-Stevas and John Robinson, Anglican bishop of Woolwich, were called as witnesses for the defence, and the verdict, delivered on 2 November 1960, was "not guilty". [3] This resulted in a far greater degree of freedom for publishing explicit sexual material in the United Kingdom.
Lady Chatterley's Lover is the last novel by English author D. H. Lawrence, which was first published privately in 1928, in Italy, and in 1929, in France. An unexpurgated edition was not published openly in the United Kingdom until 1960, when it was the subject of a watershed obscenity trial against the publisher Penguin Books, which won the case and quickly sold three million copies. The book was also banned for obscenity in the United States, Canada, Australia, India and Japan. The book soon became notorious for its story of the physical relationship between a working-class man and an upper-class woman, its explicit descriptions of sex and its use of then-unprintable four-letter words.
Memoirs of a Woman of Pleasure—popularly known as Fanny Hill—is an erotic novel by the English novelist John Cleland first published in London in 1748. Written while the author was in debtors' prison in London, it is considered "the first original English prose pornography, and the first pornography to use the form of the novel". It is one of the most prosecuted and banned books in history.
Oz was an independently published, alternative/underground magazine associated with the international counterculture of the 1960s. While it was first published in Sydney in 1963, a parallel version of Oz was published in London from 1967. The Australian magazine was published until 1969 and the British version until 1973.
The Obscene Publications Act 1959 is an Act of Parliament of the United Kingdom Parliament that significantly reformed the law related to obscenity in England and Wales. Prior to the passage of the Act, the law on publishing obscene materials was governed by the common law case of R v Hicklin, which had no exceptions for artistic merit or the public good. During the 1950s, the Society of Authors formed a committee to recommend reform of the existing law, submitting a draft bill to the Home Office in February 1955. After several failed attempts to push a bill through Parliament, a committee finally succeeded in creating a viable bill, which was introduced to Parliament by Roy Jenkins and given the Royal Assent on 29 July 1959, coming into force on 29 August 1959 as the Obscene Publications Act 1959. With the committee consisting of both censors and reformers, the actual reform of the law was limited, with several extensions to police powers included in the final version.
The Hicklin test is a legal test for obscenity established by the English case R. v Hicklin (1868). At issue was the statutory interpretation of the word "obscene" in the Obscene Publications Act 1857, which authorized the destruction of obscene books. The court held that all material tending "to deprave and corrupt those whose minds are open to such immoral influences" was obscene, regardless of its artistic or literary merit.
The Little Review, was an American avant-garde literary magazine founded by Margaret Anderson in Chicago's historic Fine Arts Building, published literary and art work from 1914 to May 1929. With the help of Jane Heap and Ezra Pound, Anderson created a magazine that featured a wide variety of transatlantic modernists and cultivated many early examples of experimental writing and art. Many contributors were American, British, Irish, and French. In addition to publishing a variety of international literature, The Little Review printed early examples of surrealist artwork and Dadaism. The magazine's most well known work was the serialization of James Joyce's Ulysses.
Cain's Book is a 1960 novel by Scottish beat writer Alexander Trocchi. A roman à clef, it details the life of Joe Necchi, a heroin addict and writer, who is living and working on a scow on the Hudson River in New York.
United States v. One Book Called Ulysses, 5 F. Supp. 182, is a landmark decision by the United States District Court for the Southern District of New York in a case dealing with freedom of expression. At issue was whether James Joyce's 1922 novel Ulysses was obscene. In deciding it was not, Judge John M. Woolsey opened the door to importation and publication of serious works of literature that used coarse language or involved sexual subjects.
John Mervyn Guthrie Griffith-Jones was a British judge and former barrister. He led the prosecution of Penguin Books in the obscenity trial in 1960 following the publication of D. H. Lawrence's Lady Chatterley's Lover. His much quoted remark in his opening statement as to whether the novel was something "you would even wish your wife or servants to read" is often cited as representing the extent to which the British establishment had fallen out of touch with popular opinion at the time. He failed to convince the jury at the Chatterley trial, and the publishers were acquitted.
An obscenity is any utterance or act that strongly offends the prevalent morality and social politics of the time. It is derived from the Latin obscēnus, obscaenus, "boding ill; disgusting; indecent", of uncertain etymology. Such loaded language can be used to indicate strong moral repugnance and outrage, vile, vigilance in conservation, or revenge. In expressions such as "obscene profits" and "the obscenity of war," ; misdirection. As a legal term, it usually refers to graphic depictions of people engaged in sexual and excretory activity, and related utterances of profanity, or the exploited child, human being or situation on display. It may also relate to a fear quotient in the public area affecting trend.
The New York Society for the Suppression of Vice was an institution dedicated to supervising the morality of the public, founded in 1873. Its specific mission was to monitor compliance with state laws and work with the courts and district attorneys in bringing offenders to justice. It and its members also pushed for additional laws against perceived immoral conduct. While the NYSSV is better remembered for its opposition to literary works, it also closely monitored the newsstands, commonly found on city sidewalks and in transportation terminals, which sold the popular newspapers and periodicals of the day.
United States v. 12 200-ft. Reels of Film, 413 U.S. 123 (1973), was an in rem case decided by the United States Supreme Court that considered the question of whether the First Amendment required that citizens be allowed to import obscene material for their personal and private use at home, which was already held to be protected several years earlier. By a 5–4 margin, the Court held that it did not.
Quantity of Books v. Kansas, 378 U.S. 205 (1964), is an in rem United States Supreme Court decision on First Amendment questions relating to the forfeiture of obscene material. By a 7–2 margin, the Court held that a seizure of the books was unconstitutional, since no hearing had been held on whether the books were obscene, and it reversed a Kansas Supreme Court decision that upheld the seizure.
Marcus v. Search Warrant, 367 U.S. 717 (1961), full title Marcus v. Search Warrant of Property at 104 East Tenth Street, Kansas City, Missouri, is an in rem case decided by the United States Supreme Court on the seizure of obscene materials. The Court unanimously overturned a Missouri Supreme Court decision upholding the forfeiture of hundreds of magazines confiscated from a Kansas City wholesaler. It held that both Missouri's procedures for the seizure of allegedly obscene material and the execution of the warrant itself violated the Fourth and Fourteenth amendments' prohibitions on search and seizure without due process. Those violations, in turn, threatened the rights protected by the First Amendment.
R v Peacock was an English Crown Court case that was a test of the Obscene Publications Act 1959. In December 2009, the defendant, a male escort named Michael Peacock, had been charged by the Metropolitan Police for selling hardcore gay pornography that the police believed had the ability to "deprave or corrupt" the viewer, which was illegal under the Obscene Publications Act. He was subsequently acquitted through a trial by jury in January 2012.
R v Penguin Books Ltd was the public prosecution in the United Kingdom of Penguin Books under the Obscene Publications Act 1959 for the publication of D. H. Lawrence's 1928 novel Lady Chatterley's Lover. The trial took place over six days, in No 1 court of the Old Bailey, between 20 October and 2 November 1960 with Mervyn Griffith-Jones prosecuting, Gerald Gardiner counsel for the defence and Laurence Byrne presiding. The trial was a test case of the defence of public good provision under section 4 of the Act which was defined as a work "in the interests of science, literature, art or learning, or of other objects of general concern".
The obscenity trial over the publication of James Joyce's Ulysses in The Little Review, an American literary magazine, occurred in 1921 and effectively banned publication of Joyce's novel in the United States. After The Little Review published the "Nausicaa" episode of Ulysses in the April 1920 issue of the magazine, the New York Society for the Suppression of Vice instigated obscenity charges against Little Review editors Margaret Caroline Anderson and Jane Heap. The editors were found guilty under laws associated with the Comstock Act of 1873, which made it illegal to send materials deemed obscene through the U.S. Mail. Anderson and Heap incurred a $100 fine, and were forced to cease publishing Ulysses in The Little Review.
Michael Bernard Rubinstein was a solicitor who specialised in representing authors and publisher. He acted for Penguin Books in the obscenity trial in 1960, R v Penguin Books Ltd., following publication of an uncensored edition of D.H. Lawrence's novel Lady Chatterley's Lover.
Rabe v. Washington, 405 U.S. 313 (1972), was a decision by the United States Supreme Court involving the application of obscenity laws and criminal procedure to the states. On 29 August 1968, William Rabe, the manager of a drive-in movie theater in Richland, Washington, was arrested on obscenity charges for showing the film Carmen, Baby. Due to First Amendment concerns, the local court convicted Rabe not on the basis that the film as a whole was obscene, but that exhibiting it in a drive-in theater was. The Supreme Court reversed the conviction holding that the citizens of Washington had no notice under the Sixth Amendment that the place where a film was shown was an element of the offense.
Ginzburg v. United States, 383 U.S. 463 (1966), was a decision by the United States Supreme Court involving the application of the First Amendment to Federal obscenity laws. One of a trio of cases, Ginzburg was part of the Supreme Court's attempt to refine the definitions of obscenity after the landmark 1957 case Roth v. United States.
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