A complete ban would be impractical now. It could not be managed.
https://www.americanbar.org/groups/crsj/publications/human_rights_magazine_home/the-ongoing-challenge-to-define-free-speech/sexual-expression-and-free-speech/
Itâs interesting that before Comstock, as mentioned in the article, there were no such restrictions.
Recently, I asked perplexity about the history of obscenity. It rendered an interesting response.
I thought it was interesting that it didnât mention United States v. One Book Called" Ulysses" 1933, because the decision suggests the framing of Roth and Miller.
Based on the information provided in the search results, here is a summary of the history of obscenity law in the United States:
Early History
In ancient times, sexual explicitness in art, literature, and media was generally accepted and not regulated by the state.
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In the 16th century, the English state was only concerned with censoring sedition, blasphemy, and heresy, not obscenity. The term âbawdyâ did not have a negative connotation at the time.
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Obscenity Laws Emerge
In the 19th century, obscenity laws began to emerge in the U.S., largely due to the efforts of groups like the New York Society for the Suppression of Vice.
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In 1873, the federal Comstock Act prohibited the mailing of âobscene,â âlewd,â or âlasciviousâ material, including sex education materials.
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Early 20th Century Obscenity Rulings
In the early 20th century, the Hicklin test from the UK was adopted in the U.S., which allowed courts to judge material based on its effect on the most susceptible individuals.
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This led to the banning of works like Theodore Dreiserâs âAn American Tragedyâ and D.H. Lawrenceâs âLady Chatterleyâs Lover.â
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Roth v. United States (1957)
In 1957, the Supreme Courtâs Roth v. United States decision ruled that obscenity was not protected by the First Amendment.
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However, the Court rejected the Hicklin test and seemed to impose a more flexible âredeeming social valueâ standard.
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Miller v. California (1973)
In 1973, the Miller v. California decision established the current âMiller testâ for obscenity, focusing on whether material âlacks serious literary, artistic, political, or scientific value.â
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This test, based on âcontemporary adult community standards,â remains the basis for obscenity law in the U.S. today.
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So in summary, obscenity law in the U.S. evolved from a hands-off approach to increasingly restrictive laws, culminating in the modern Miller test established by the Supreme Court in 1973.
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That thing is fun.
https://www.perplexity.ai/search/What-is-the-2M9Mb5NKR1O3PnWORs.Jcw
https://www.perplexity.ai/search/what-is-the-3HEAzOy8TyCJuf4Oc4TB1Q