Miller v. California, 413 U.S. 15 (1973), was a landmark decision of the U.S. Supreme Court modifying its definition of obscenity from that of "utterly without socially redeeming value" to that which lacks "serious literary, artistic, political, or scientific value". It is now referred to as the three-prong standard or the Miller test.
The Comstock laws are a set of federal acts passed by the United States Congress under the Grant administration along with related state laws. The "parent" act was passed on March 3, 1873, as the Act for the Suppression of Trade in, and Circulation of, Obscene Literature and Articles of Immoral Use. This Act criminalized any use of the U.S. Postal Service to send any of the following items: obscenity, contraceptives, abortifacients, sex toys, personal letters with any sexual content or information, or any information regarding the above items.
Godfrey Lowell Cabot was an American industrialist who founded the Cabot Corporation.
Anthony Comstock was an anti-vice activist, United States Postal Inspector, and secretary of the New York Society for the Suppression of Vice (NYSSV), who was dedicated to upholding Christian morality. He opposed obscene literature, abortion, contraception, masturbation, gambling, prostitution, and patent medicine. The terms comstockery and comstockism refer to his extensive censorship campaign of materials that he considered obscene, including birth control advertised or sent by mail. He used his positions in the U.S. Postal Service and the NYSSV to make numerous arrests for obscenity and gambling. Besides these pursuits, he was also involved in efforts to suppress fraudulent banking schemes, mail swindles, and medical quackery.
"Banned in Boston" is a phrase that was employed from the late 19th century through the mid-20th century, to describe a literary work, song, motion picture, or play which had been prohibited from distribution or exhibition in Boston, Massachusetts. During this period, Boston officials had wide authority to ban works featuring "objectionable" content, and often banned works with sexual content or foul language. This even extended to the $5 bill from the 1896 "Educational" series of banknotes featuring allegorical figures that were partially nude.
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.
In the United States, censorship involves the suppression of speech or public communication and raises issues of freedom of speech, which is protected by the First Amendment to the United States Constitution. Interpretation of this fundamental freedom has varied since its enshrinement. Traditionally, the First Amendment was regarded as applying only to the Federal government, leaving the states and local communities free to censor or not. As the applicability of states rights in lawmaking vis-a-vis citizens' national rights began to wane in the wake of the Civil War, censorship by any level of government eventually came under scrutiny, but not without resistance. For example, in recent decades, censorial restraints increased during the 1950s period of widespread anti-communist sentiment, as exemplified by the hearings of the House Committee on Un-American Activities. In Miller v. California (1973), the U.S. Supreme Court found that the First Amendment's freedom of speech does not apply to obscenity, which can, therefore, be censored. While certain forms of hate speech are legal so long as they do not turn to action or incite others to commit illegal acts, more severe forms have led to people or groups being denied marching permits or the Westboro Baptist Church being sued, although the initial adverse ruling against the latter was later overturned on appeal to the U.S. Supreme Court case Snyder v. Phelps.
The Free Expression Policy Project (FEPP) is an organization devoted to assisting researchers with assembling information related to freedom of speech, media democracy, and copyright, and advocating for these issues. Civil liberties lawyer Marjorie Heins founded the nonprofit organization in 2000. Based in Manhattan, New York, it was initially associated with the National Coalition Against Censorship, and subsequently operated as part of the Democracy Program of the Brennan Center for Justice at New York University Law School.
An expurgation of a work, also known as a bowdlerization or fig-leaf edition, is a form of censorship that involves purging anything deemed noxious or offensive from an artistic work or other type of writing or media.
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.
John Saxton Sumner headed the New York Society for the Suppression of Vice (NYSSV), a New York state censorship body empowered to recommend obscenity cases to the appropriate prosecutors. He served as Associate Secretary of the NYSSV for three years, succeeding founder Anthony Comstock as Executive Secretary in 1915, upon the latter's death. Sumner retired in 1950; the organization, by then named the Society to Maintain Public Decency, was disbanded shortly thereafter.
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.
Boni & Liveright is an American trade book publisher established in 1917 in New York City by Albert Boni and Horace Liveright. Over the next sixteen years the firm, which changed its name to Horace Liveright, Inc., in 1928 and then Liveright, Inc., in 1931, published over a thousand books. Before its bankruptcy in 1933 and subsequent reorganization as Liveright Publishing Corporation, Inc., it had achieved considerable notoriety for editorial acumen, brash marketing, and challenge to contemporary obscenity and censorship laws. Their logo is of a cowled monk.
Book censorship is the removal, suppression, or restricted circulation of literary, artistic, or educational material – of images, ideas, and information – on the grounds that these are morally or otherwise objectionable according to the standards applied by the censor. Censorship is "the regulation of speech and other forms of expression by an entrenched authority". The overall intent of censorship, in any form, is to act as "a kind of safeguard for society, typically to protect norms and values [...] censorship suppresses what is considered objectionable from a political, moral, or religious standpoint."
Book censorship is the act of some authority taking measures to suppress ideas and information within a book. Censorship is "the regulation of free speech and other forms of entrenched authority". Censors typically identify as either a concerned parent, community members who react to a text without reading, or local or national organizations. Books have been censored by authoritarian dictatorships to silence dissent, such as the People's Republic of China, Nazi Germany and the Soviet Union. Books are most often censored for age appropriateness, offensive language, sexual content, amongst other reasons. Similarly, religions may issue lists of banned books, such as the historical example of the Roman Catholic Church's Index Librorum Prohibitorum and bans of such books as Salman Rushdie's The Satanic Verses by Ayatollah Khomeini, which do not always carry legal force. Censorship can be enacted at the national or subnational level as well, and can carry legal penalties. In many cases, the authors of these books could face harsh sentences, exile from the country, or even execution.
United States obscenity law deals with the regulation or suppression of what is considered obscenity and therefore not protected speech under the First Amendment to the United States Constitution. In the United States, discussion of obscenity typically relates to defining what pornography is obscene, as well as to issues of freedom of speech and of the press, otherwise protected by the First Amendment to the Constitution of the United States. Issues of obscenity arise at federal and state levels. State laws operate only within the jurisdiction of each state, and there are differences among such laws. Federal statutes ban obscenity and child pornography produced with real children. Federal law also bans broadcasting of "indecent" material during specified hours.
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.
Community Resources for Justice is a Massachusetts-based organization that has worked for over 130 years in social justice in issues like ex-offender re-entry, prison conditions, public safety, and crime prevention. CRJ was formed through the merger of several older organizations in the Boston and New England area, and while most of its work today is focused in the northeastern United States, CRJ is also engaged in work in other states around the nation.
The Captive is a 1926 play by Édouard Bourdet. The three-act melodrama was among the first Broadway plays to deal with lesbians and caused a scandal in New York City. The play was shut down after 160 performances and prompted the adoption of a state law dealing with obscenity.
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.
