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Author: Theodore Schroeder
Publisher:
ISBN:
Category : Freedom of the press
Languages : en
Pages : 448
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Book Description
Author: Theodore Schroeder
Publisher:
ISBN:
Category : Freedom of the press
Languages : en
Pages : 448
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Book Description
Author: Theodore Schroeder
Publisher:
ISBN:
Category : Anarchism
Languages : en
Pages : 16
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Author: Theodore Schroeder
Publisher: Theclassics.Us
ISBN: 9781230220727
Category :
Languages : en
Pages : 166
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Book Description
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1911 edition. Excerpt: ... CHAPTER XV. UNCERTAINTY OF THE "MORAL" TEST OF OBSCENITY.* Our Courts, in their blind non-logical gropings for some practical criteria of guilt under these vague statutes against "obscenity," have often amended the statutes so as to make the criminality of admitted facts depend, not upon the literal application of the letter of the statute, but upon the jury's opinion, according to its personal standards, as to whether or not the matter is such as might tend to deprave the morals of some hypothetical person who might be open to such immoral influences. Assuming now for the sake of argument that this judicial legislation is entirely proper as a matter of legitimate statutory construction, then the question arises whether this makes the statutory criteria of guilt so certain in meaning as is necessary to constitute this statute "due process of law." If courts can be said to have answered a question which they have not even considered, because the answer is a necessary inference from their acts, then the courts have answered this question in the affirmative. Is this answer by implication correct? The inquiry now to be pursued is as to whether or not there exists an agreement as to the criteria of the ethical right in general, and of sex ethics in particular, such as enables the "moral" test of obscenity to satisfy the constitutional requirement as to the necessary certainty of the criteria of guilt in a penal statute. The method will be to study the various schools of ethics, and to exhibit what the various leaders of thought have to say upon the subject. RELIGION AND SCIENCE DISTINGUISHED. The most conspicuous line of cleavage between differing schools of morals, is that which separates religious morality from ethical science. The matter...
Author: Theodore Albert Schroeder
Publisher:
ISBN: 9780849007453
Category :
Languages : en
Pages :
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Author: Theodore S. Schroeder
Publisher: Literary Licensing, LLC
ISBN: 9781497814578
Category :
Languages : en
Pages : 444
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This Is A New Release Of The Original 1911 Edition.
Author: Theodore Albert Schroeder
Publisher:
ISBN: 9781332432011
Category : Law
Languages : en
Pages : 446
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Book Description
Excerpt from Obscene Literature and Constitutional Law: A Forensic Defense of Freedom of the Press About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author: Theodore Schroeder
Publisher:
ISBN:
Category : Freedom of the press
Languages : en
Pages : 439
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Author: Theodore Albert Schroeder
Publisher:
ISBN: 9781561696017
Category : Freedom of the press
Languages : en
Pages : 439
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Author: Whitney Strub
Publisher: University Press of Kansas
ISBN: 0700619372
Category : Law
Languages : en
Pages : 280
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Book Description
For some, he was “America’s leading smut king,” hauled into court repeatedly over thirty years for peddling obscene publications through the mail. But when Samuel Roth appealed a 1956 conviction, he forced the Supreme Court to finally come to grips with a problem that had plagued both American society and constitutional law for longer than he had been in business. For while the facts of Roth v. United States were unexceptional, its constitutional issues would define the relationship of obscenity to the First Amendment. The Supreme Court’s 6–3 decision in Roth for the first time tried to definitively rule on the issue of obscenity in American life and law—and failed. In this first book-length examination of the case, Whitney Strub lays out the history of obscenity’s meaning as a legal concept, highlights the influence of antivice crusaders like Anthony Comstock and John Sumner, and chronicles the shadowy career that led Roth to spend nearly a decade of his life imprisoned for the allegedly obscene materials that he sent through the mails. Strub then unwraps the events that produced Roth v. United States, placing the trial in the context of its times—the Kinsey Reports, the Kefauver hearings, free speech debates—by using Roth’s own private papers along with the records of the various prosecutions and the memos of the justices. The significance of Roth, as Strub reveals, lay in the two faces of Justice William Brennan’s majority opinion—which on the one hand reflected the liberalizing attitude toward sexual matters in mid-century America, but on the other kept “obscene” expressions beyond First Amendment protection. Because that ruling points up the contradictions of a society where the prurient and repressive commingle uncomfortably, Strub shows how Roth says much more about American sexual values than Brennan’s written words necessarily acknowledged. In our era of internet pornography and Fifty Shades of Grey, it may be difficult to imagine a time when obscenity was a matter for the courts. As Strub tracks the legacy of Roth and obscenity law through the ongoing policing of acceptable sexuality into the twenty-first century, his riveting narrative brings those times to life and helps readers navigate the fine line between what is socially acceptable and what is criminally obscene.
Author: Theodore Albert Schroeder
Publisher:
ISBN:
Category : Freedom of the press
Languages : en
Pages : 0
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