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Roth v. United States: The Landmark Law that Shaped Sexual Expression in America

Jamie Blair

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Published in Obscenity Rules: Roth V United States And The Long Struggle Over Sexual Expression (Landmark Law Cases And American Society)

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The right to freedom of expression is a cornerstone of American democracy. However, the boundaries of this right have been constantly debated, especially when it comes to the realm of sexual expression. The landmark Supreme Court case of Roth v. United States (1957) played a pivotal role in shaping the legal landscape surrounding obscenity and sexual expression.

Obscenity Rules: Roth v. United States and the Long Struggle over Sexual Expression (Landmark Law Cases and American Society)

by Whitney Strub

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Language	:	English
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The Case of Roth v. United States

Samuel Roth, a publisher, was convicted under federal obscenity laws for distributing sexually explicit material through the mail. The government argued that this material had no "redeeming social value" and should therefore be considered obscene.

Roth appealed his conviction, arguing that his material was protected by the First Amendment's guarantee of freedom of speech. The Supreme Court agreed to hear the case to address the question of whether obscenity was protected by the First Amendment.

The Court's Decision

In a 6-3 decision, the Supreme Court ruled against Roth. Justice William Brennan, writing for the majority, held that obscenity was not protected by the First Amendment. He argued that obscenity was "utterly without redeeming social importance" and that it could have harmful effects on society.

The Court established a three-part test for determining whether material was obscene:

Whether the material's dominant theme appealed to "prurient interest."
Whether the material was "patently offensive" in light of contemporary community standards.
Whether the material lacked "serious literary, artistic, political, or scientific value."

The Impact of Roth

Roth v. United States had a profound impact on American law and society. It established the legal precedent for the government's regulation of obscenity and gave states wide latitude in implementing their own obscenity laws.

The Roth test also came to be used in numerous other areas of law, such as child pornography and hate speech. It has been cited in cases involving the regulation of sexually explicit material on the internet and in schools.

The Legacy of Roth

Over the years, Roth v. United States has been both praised and criticized. Critics argue that the Roth test is too vague and subjective, and that it has led to the suppression of legitimate artistic and literary expression.

Supporters of Roth, on the other hand, contend that it provides necessary protection against harmful obscenity. They argue that the Roth test has struck a reasonable balance between the First Amendment and society's interest in protecting its citizens from exposure to offensive and degrading material.

The debate over Roth v. United States continues to this day. However, one thing is clear: the landmark case has left an indelible mark on the American legal system and on our understanding of the boundaries of sexual expression.