"Obscene" Literature and Constitutional Law: A Forensic Defense of Freedom of the PressPriv. print. for forensic uses, 1911 - 439 σελίδες |
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Σελίδα 12
... test of mail matter , based upon the opinions transmitted through the mails , or the psychological tendencies of such opinions upon the addressee of the mails , or a differential test based upon an idea which is not actually transmitted ...
... test of mail matter , based upon the opinions transmitted through the mails , or the psychological tendencies of such opinions upon the addressee of the mails , or a differential test based upon an idea which is not actually transmitted ...
Σελίδα 14
... test of obscenity in terms of the qualities of a book , or such a one that , solely by applying the test to any ... tests of obscenity or in- decency , furnish any certain advance information as to what must be the verdict of a jury ...
... test of obscenity in terms of the qualities of a book , or such a one that , solely by applying the test to any ... tests of obscenity or in- decency , furnish any certain advance information as to what must be the verdict of a jury ...
Σελίδα 20
... test by which such regulation may be judged an abridgment of the freedom of the press . 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 ...
... test by which such regulation may be judged an abridgment of the freedom of the press . 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 ...
Σελίδα 32
... test of " obscenity . " If , then , the reader desires to avoid moral sentimentalizing in favor of the rational ... tests as we have now agreed to use , whether any real question of morality is involved . This discussion , and more ...
... test of " obscenity . " If , then , the reader desires to avoid moral sentimentalizing in favor of the rational ... tests as we have now agreed to use , whether any real question of morality is involved . This discussion , and more ...
Σελίδα 34
... test of the criminality of a publication , nothing could be punished merely because it was generally " obscene , " though a specific charge of obscenity against a living person , who would be tempted to resent it , might be indictable ...
... test of the criminality of a publication , nothing could be punished merely because it was generally " obscene , " though a specific charge of obscenity against a living person , who would be tempted to resent it , might be indictable ...
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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.