"Obscene" Literature and Constitutional Law: A Forensic Defense of Freedom of the PressPriv. print. for forensic uses, 1911 - 439 σελίδες |
Αναζήτηση στο βιβλίο
Αποτελέσματα 1 - 5 από τα 44.
Σελίδα 3
... Applied to Sex - Discussion Chap . VI . Obscenity , Prudery , and Morals Chap . VII . On the Implied Power to Exclude " Ob- scene " Ideas from the Mails • Chap . VIII . Concerning the Meaning of " Freedom of · 74 ΙΟΙ 129 the Press " 142 ...
... Applied to Sex - Discussion Chap . VI . Obscenity , Prudery , and Morals Chap . VII . On the Implied Power to Exclude " Ob- scene " Ideas from the Mails • Chap . VIII . Concerning the Meaning of " Freedom of · 74 ΙΟΙ 129 the Press " 142 ...
Σελίδα 10
... applied , I feel myself unqualified to determine what is safe to take for granted . If I am wrong in that which I will claim , the courts will correct me , when this argument reaches them , as it ultimately will . If I am right , I dare ...
... applied , I feel myself unqualified to determine what is safe to take for granted . If I am wrong in that which I will claim , the courts will correct me , when this argument reaches them , as it ultimately will . If I am right , I dare ...
Σελίδα 11
... applied in order to reach the result herein con- tended for . Many of the problems here involved are difficult of solution to those who are not trained specialists in psychol- ogy and especially in sexual psychology . Later on , in the ...
... applied in order to reach the result herein con- tended for . Many of the problems here involved are difficult of solution to those who are not trained specialists in psychol- ogy and especially in sexual psychology . Later on , in the ...
Σελίδα 14
... applying the test to any given book , accuracy and uniformity of result must follow , no matter who applies the test , nor such that when there is no dispute about any physical fact of present or past existence , any man may know in ...
... applying the test to any given book , accuracy and uniformity of result must follow , no matter who applies the test , nor such that when there is no dispute about any physical fact of present or past existence , any man may know in ...
Σελίδα 20
... Applying the test of Cohens v . Virginia , 10 it follows that nothing in this case is conclusive upon any feature of the con- stitutionality of postal laws against " obscene " literature . The next two cases in which this subject is ...
... Applying the test of Cohens v . Virginia , 10 it follows that nothing in this case is conclusive upon any feature of the con- stitutionality of postal laws against " obscene " literature . The next two cases in which this subject is ...
Άλλες εκδόσεις - Προβολή όλων
Συχνά εμφανιζόμενοι όροι και φράσεις
abridgment abuse according action arbitrary argument authority believe blasphemy censorship citizen common law conception conduct Congress constitutional guarantee contempt conviction courts criminal criteria of guilt dangerous declared deemed defendant determine discussion due process emotions English ethics evil Ex Parte Jackson ex post facto exercise existence expressed fact free speech freedom of speech freedom of utterance Havelock Ellis human ideas immoral implied power indecent indictment injury intellectual liberty interpretation judge judgment judicial legislation jury justice lewd libel liberty of speech literature mails matter means ment mind modesty moral sentimentalizing natural justice nature nudity in art opinion penal person post offices postal censorship process of law prohibited prudery psychologic crimes publish punish question reason regulation religion result scientific sexual speech and press Star Chamber statute statutory suppression tendency tests of obscenity things thought tion truth unabridged freedom uncertainty women
Δημοφιλή αποσπάσματα
Σελίδα 194 - The free communication of thoughts and opinions is one of the invaluable rights of man: and every citizen may freely speak, write, and print on any subject, being responsible for the abuse of that liberty.
Σελίδα 226 - The liberty of the press is, indeed, essential to the nature of a free state ; but this consists in laying no previous restraints upon publications ; and not in freedom from censure for criminal matter when published. Every freeman has an undoubted right to lay what sentiments he pleases before the public : to forbid this is to destroy the freedom of the press : but if he publishes what is improper, mischievous, or illegal, he must take the consequence of his own temerity.
Σελίδα 221 - Since, therefore, the knowledge and survey of vice is in this world so necessary to the constituting of human virtue, and the scanning of error to the confirmation of truth, how can we more safely, and with less danger, scout into the regions of sin and falsity, than by reading all manner of tractates, and hearing all manner of reason ? And this is the benefit which may be had of books promiscuously read.
Σελίδα 94 - has freedom to do all that he wills, provided he infringes not the equal freedom of any other...
Σελίδα 210 - Congress shall make no law abridging freedom of speech or of the press, thus incorporating into the organic law of this country absolute freedom of thought or opinion.
Σελίδα 173 - Every citizen may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that right; and no law shall be passed to restrain or abridge the liberty of speech or of the press.
Σελίδα 385 - ... no subject shall be arrested, imprisoned, despoiled, or deprived of his property, immunities, or privileges, put out of the protection of the law, exiled, or deprived of his life, liberty, or estate, but by the judgment of his peers, or the law of the land.
Σελίδα 255 - I know, and am persuaded by the Lord Jesus, that there is nothing unclean of itself : but to him that esteemeth any thing to be unclean, to him it is unclean.
Σελίδα 334 - I think the test of obscenity is this, whether the tendency of the matter charged as obscenity is to deprave and corrupt those whose minds are open to such immoral influences, and into whose hands a publication of this sort may fall.
Σελίδα 386 - We must examine the Constitution itself to see whether this process be in conflict with any of its provisions. If not found to be so, we must look to those settled usages and modes of proceeding existing in the common and statute law of England before the emigration of our ancestors, and which are shown not to have been unsuited to their civil and political condition, by having been acted on by them after the settlement of this country.