"Obscene" Literature and Constitutional Law: A Forensic Defense of Freedom of the PressPriv. print. for forensic uses, 1911 - 439 σελίδες |
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Αποτελέσματα 1 - 5 από τα 50.
Σελίδα 25
... passing upon their constitutionality . But I also know that the interests of the litigant have very much to do with the judicial opinion about their expediency , because too often that unconsciously deter- mines whether the judge will ...
... passing upon their constitutionality . But I also know that the interests of the litigant have very much to do with the judicial opinion about their expediency , because too often that unconsciously deter- mines whether the judge will ...
Σελίδα 27
... passed upon others . Upon this practically all psychologists are agreed , and it is this emotional aversion and fear , with the blurred vision coming from psy- chologic ignorance , which has produced such tremendous suc- cess for the ...
... passed upon others . Upon this practically all psychologists are agreed , and it is this emotional aversion and fear , with the blurred vision coming from psy- chologic ignorance , which has produced such tremendous suc- cess for the ...
Σελίδα 39
... passed , the conduct of bad men cannot be contrasted with the good , would be to exclude the most useful part of history . " It was accordingly held that the indictment stated no offense , or , in other words , to publish of a dead ...
... passed , the conduct of bad men cannot be contrasted with the good , would be to exclude the most useful part of history . " It was accordingly held that the indictment stated no offense , or , in other words , to publish of a dead ...
Σελίδα 42
... passed any American legislative body , had it been previously an- nounced that the result would be such as it now is , within and beyond the domain of sex - discussion . Here I must limit myself to an exhibition of the forces behind ...
... passed any American legislative body , had it been previously an- nounced that the result would be such as it now is , within and beyond the domain of sex - discussion . Here I must limit myself to an exhibition of the forces behind ...
Σελίδα 48
... passed , it was contended that such information was " obscene . " Courts and juries did not always lend them- selves to the enforcement of this view . Then our moralists for revenue secured statutes which specifically penalized such ...
... passed , it was contended that such information was " obscene . " Courts and juries did not always lend them- selves to the enforcement of this view . Then our moralists for revenue secured statutes which specifically penalized such ...
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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.