2d 1498, 1957 U.S. LEXIS 587 — Brought to you by Free Law Project, a non-profit dedicated to creating high …

Syllabus. . ROTH V. UNITED STATES. United States Court of Appeals for the Second Circuit . 40, 73.Stanley Fleishman argued the cause for appellant in No. I deal with this subject more particularly later.I dissent in No. Please try again.The early leading standard of obscenity allowed material to be judged merely by the effect of an isolated excerpt upon particularly susceptible persons.

CHIEF JUSTICE WARREN, concurring in the result.Any test that turns on what is offensive to the community's standards is too loose, too capricious, too destructive of freedom of expression to be squared with the First Amendment.

It is manifest that the same object may have a different impact, varying according to the part of the community it reached. But it is by no means clear that obscene literature, as so defined, is a significant factor in influencing substantial deviations from the community standards.Fred N. Whichello and Clarence A. Linn, Assistant Attorney General of California, argued the cause for appellee in No. Roth v. United States was decided as a 6-3 decision; the Court defined obscenity as material whose “dominant theme taken as a whole appeals to the prurient interest” to the “average person, applying contemporary community standards.” Only material that meets this test could be labeled and subsequently banned as being “obscene.”Verdict Delivered: In Roth v. United States the courts stated that obscenity is not protected by the First Amendment.

The list of books that judges or juries can place in that category is endless.MR. Nearly 30 years ago a questionnaire sent to college and normal school women graduates asked what things were most stimulating sexually. 61, and dissenting in No. 582 .

Third, there are real differences between each of the obscenity statutes at issue and the obscenity standard announced by the Court. L. Rev. Synopsis of Rule of Law.

This issue cannot be avoided by saying that obscenity is not protected by the First Amendment. The Background of Roth v. United States. As a people, we cannot afford to relax that standard. 61. But the dangers to free thought and expression are truly great if the Federal Government imposes a blanket ban over the Nation on such a book. I have the same confidence in the ability of our people to reject noxious literature as I have in their capacity to sort out the true from the false in theology, economics, politics, or any other field.That there is a social problem presented by obscenity is attested by the expression of the legislatures of the forty-eight States as well as the Congress. If experience in this field teaches anything, it is that "censorship of obscenity has almost always been both irrational and indiscriminate." Lockhart & McClure, op. With him on the brief were Solicitor General Rankin and Assistant Attorney General Olney.The protection given speech and press was fashioned to assure unfettered interchange of ideas for the bringing about of political and social changes desired by the people. I cannot do so because I find lurking beneath its disarming generalizations a number of problems which not only leave me with serious misgivings as to the future effect of today's decisions, but which also, in my view, call for different results in these two cases.I assume there is nothing in the Constitution which forbids Congress from using its power over the mails to proscribe conduct on the grounds of good morals.

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