memoirs massachusetts argued decided march appellee attorney general massachusetts brought civil equity action adjudication obscenity cleland memoirs woman pleasure fanny hill appellant publisher intervened following hearing including expert testimony evidence assessing book character mode distribution trial decreed book obscene entitled protection first fourteenth amendments massachusetts judicial affirmed holding patently offensive book appeals prurient interest need unqualifiedly worthless deemed obscene held judgment reversed pp mass reversed justice brennan joined chief justice justice fortas concluded test roth elaborated subsequent cases three elements must independently satisfied book held obscene dominant theme material taken whole appeals prurient interest sex material patently offensive affronts contemporary community standards relating description representation sexual matters material utterly without redeeming social value since book proscribed obscene unless found utterly without redeeming social value judicial erroneously interpreted federal constitutional standard pp premise assessed requisite prurient appeal patently offensive modicum social importance evidence commercial exploitation book sake prurient appeal exclusion values might different proceeding justify conclusion publication distribution memoirs constitutionally protected ginzburg post pp justice black justice stewart concur reversal reasons given respective dissenting opinions ginzburg post mishkin new york post justice douglas concluded since first amendment forbids censorship expression ideas linked illegal action fanny hill proscribed pp even prevailing view roth test book held obscene view substantial evidence showing literary historical social importance since power first amendment control mere expression manner book concededly social worth advertised sold irrelevant basis history view expressed roth obscene speech outside protection first amendment pp interest society justifies overriding guarantees free speech press establishing regime censorship pp william cowin assistant attorney general massachusetts argued cause appellee brief edward brooke attorney general john sullivan assistant attorney general charles keating james clancy filed brief citizens decent literature et amici curiae urging affirmance justice brennan announced judgment delivered opinion chief justice justice fortas join obscenity case memoirs woman pleasure commonly known fanny hill written john cleland adjudged obscene proceeding put trial book publisher distributor proceeding civil equity suit brought attorney general massachusetts pursuant general laws massachusetts chapter book declared obscene section requires petition commencing suit directed book name order show cause said book judicially determined obscene published daily newspaper sent registered mail persons interested publication publication order case occurred boston daily newspaper copy order sent registered mail putnam sons alleged publisher copyright holder book authorized putnam sons intervened proceedings behalf book claim right provided section issue obscenity tried jury hearing justice superior conducted accordance usual course proceedings equity received book evidence also allowed section heard testimony experts accepted evidence book reviews order assess literary cultural educational character book constituted entire evidence neither side availed opportunity provided section introduce evidence manner form publication advertisement distribution trial justice entered final decree adjudged memoirs obscene declared book entitled protection first fourteenth amendments constitution action attorney general law enforcement officer pursuant provisions otherwise massachusetts judicial affirmed decree mass noted probable jurisdiction reverse term obscene appearing massachusetts statute interpreted judicial expansive constitution permits statute covers material obscene constitutional sense attorney general book named tropic cancer mass indeed final decree us equates finding memoirs obscene within meaning statute declaration book entitled protection first amendment thus sole question state courts whether memoirs satisfies test obscenity established roth defined obscenity roth following terms hether average person applying contemporary community standards dominant theme material taken whole appeals prurient interest definition elaborated subsequent cases three elements must coalesce must established dominant theme material taken whole appeals prurient interest sex material patently offensive affronts contemporary community standards relating description representation sexual matters material utterly without redeeming social value judicial purported apply roth definition obscenity held three criteria satisfied need consider claim erred concluding memoirs satisfied prurient appeal patent offensiveness criteria reversal required misinterpreted social value criterion applied criterion passage remains consider whether book said utterly without social importance mindful expert testimony much strained effect memoirs structural novel literary merit book displays skill characterization gift comedy plays part history development english novel contains moral namely sex love superior sex brothel fact testimony may indicate book minimal literary value mean social importance interpret social importance test requiring book appeals prurient interest patently offensive must unqualifiedly worthless deemed obscene ii necessarily follow reversal determination memoirs obscene constitutional sense improper circumstances premise occasion assess memoirs requisite prurient appeal patently offensive minimum social value circumstances production sale publicity relevant determining whether publication distribution book constitutionally protected evidence book commercially exploited sake prurient appeal exclusion values might justify conclusion book utterly without redeeming social importance setting social value test relaxed dispense requirement book utterly devoid social value rather elaborate ginzburg post pp purveyor sole emphasis sexually provocative aspects publications accept evaluation face value proceeding however courts asked judge obscenity memoirs abstract declaration obscenity neither aided limited specific set circumstances production sale publicity possible uses book must therefore considered mere risk book might exploited panderers pervasively treats sexual matters alter fact given view massachusetts attributing memoirs modicum literary historical value book redeeming social importance hands publish distribute basis value reversed mr appendix opinion justice brennan state statute massachusetts general laws chapter section whenever reasonable cause believe book imported sold loaned distributed possession person intends import sell loan distribute obscene indecent impure attorney general district attorney within district shall bring information petition equity superior directed said book name upon filing information petition equity justice superior shall upon summary examination book opinion reasonable cause believe book obscene indecent impure issue order notice returnable within thirty days directed book name addressed persons interested publication sale loan distribution thereof show cause said book judicially determined obscene indecent impure notice order shall given publication week two successive weeks daily newspaper published city boston information petition filed county suffolk county publication also daily newspaper published county copy order notice shall sent registered mail publisher said book person holding copyrights author case names persons appear upon said book fourteen days least return day order notice issuance order notice provisions section shall motion attorney general district attorney make interlocutory finding adjudication said book obscene indecent impure finding adjudication shall force effect final finding adjudication provided section section final finding adjudication made order section person interested sale loan distribution said book may appear file answer return day named said notice within time may allow may claim right trial jury issue whether said book obscene indecent impure section person appears answers within time allowed may upon motion petitioner motion reason contrary appearing order general default finds book obscene indecent impure may make adjudication book obscene indecent impure section appearance entered answer filed case shall set speedy hearing default order shall first entered persons appeared answered manner provided section hearing shall conducted accordance usual course proceedings equity including rights exception appeal hearing may receive testimony experts may receive evidence literary cultural educational character said book manner form publication advertisement distribution upon hearing may make adjudication manner provided said section section information petition equity provisions section shall open objection ground mere judgment order decree sought thereby relief claimed thereunder issue defendant knowledge obscenity indecency impurity book section trial section indictment found complaint made offence committed filing proceeding section fact filing action jury thereon shall admissible evidence prior said offence final decree entered book defendant book obscene indecent impure shall conclusively presumed known said book obscene indecent impure said decree favor book shall conclusively presumed known said book obscene indecent impure final decree entered proceeding filed prior said offence defendant shall conclusively presumed knowledge contents said book footnotes dissenting judicial disposition case mass justice whittemore summarized testimony view one another following chairman english department williams college professor english harvard college associate professor english literature boston university associate professor english massachusetts institute technology assistant professor english american literature brandeis university book minor work art literary merit historical value containing good deal deliberate calculated comedy piece social history interest anyone interested fiction way understanding society saving grace although many scenes translated one witnesses testified part follows cleland part call cultural battle going century battle restricted puritan moralistic ethic attempts suppress freedom spirit freedom flesh element competing freer attitude towards life generous attitude towards life wholesome attitude towards life attitude manifested fielding great novel tom jones also evident cleland novel richardson pamela story young country girl clarissa story woman trapped house prostitution obviously cleland takes themes country girl initiation life experience story woman house prostitution simply take situation reverse moral standards richardson believed chastity important thing world cleland fielding obviously thought important significant moral values present day language realistic naturalistic novel quite offensive scenes described language book contains dirty words language functions create distance even sexual experiences portrayed response therefore literary response descriptions depravity obscene subordinate interest primarily literary fanny reaction scenes depravity anger disgust horror indignation book belongs history english literature rather history opinion academic witness headmaster private school whose field english literature book without literary merit obscene impure hard core pornography patently offensive record case thus significantly different records ginzburg post mishkin new york post see pp infra section makes criminal offense inter alia import print publish sell loan distribute buy procure receive possess purpose sale loan distribution book knowing obscene section provides prosecution decree obtained proceeding book shall admissible evidence prior said offence final decree entered book defendant book obscene shall conclusively presumed known said book obscene thus declaration obscenity obtained proceeding likely result total suppression book commonwealth constitutionality challenged appeal although final decree provides coercive relief declaration book obscenity adjudication merits issue tendered whether state courts erred declaring book obscene premature uncertainty content material challenged attorney general petition commencing suit book imported sold loaned distributed commonwealth declaration obscenity likely serious inhibitory effect distribution book probable impact small measure derived possible collateral uses declaration subsequent prosecutions massachusetts criminal obscenity statute see supra infer opinions adjectives describing proscribed books indecent impure either read statute deemed synonymous obscene aterial dealing sex manner advocates ideas literary scientific artistic value form social importance may branded obscenity denied constitutional protection may constitutional status material made turn weighing social importance prurient appeal work proscribed unless utterly without social importance see zeitlin arnebergh cal cal rptr jacobellis ohio opinion brennan followed people bruce distributing maryland bd censors md dissenting opinion justice cutter stated although view book obscene within meaning roth reasonably found distribution book persons age eighteen violation tending corrupt morals youth section makes crime sell person age eighteen years book obscene manifestly tends corrupt morals youth concluded limit relief granted declaration distribution book persons age eighteen may found constitute violation section reasonably applied however decree limited intimate view concerning constitutionality limited declaration regarding memoirs cf jacobellis ohio justice douglas concurring judgment memoirs woman pleasure often titled fanny hill concededly erotic novel first published endured date despite periodic efforts suppress book relates adventures young girl becomes prostitute london end abandons life marries first lover observing thus length got snug port bosom virtue gather uncorrupt sweets looking back course vice run comparing infamous blandishments infinitely superior joys innocence help pitying even point taste immers gross sensuality insensible delicate charms virtue even pleasure greater friend vice greater enemy thus temperance makes men lords pleasures intemperance enslaves one parent health vigour fertility cheerfulness every desirable good life diseases debility barrenness every evil incident human nature paths vice sometimes strew roses ever infamous many thorn many cankerworm virtue strew roses purely eternally unfading ones courts massachusetts found book obscene upheld suppression reverses prevailing opinion seized upon language opinion massachusetts judicial candidly admitted fanny hill least minimal literary value believe decide case disingenuous basis base vote reverse view first amendment permit censorship expression brigaded illegal action even applying prevailing view roth test reversal compelled record makes clear fanny hill obscene prosecution made virtually effort prove book utterly without redeeming social importance defense hand introduced considerable impressive testimony effect work literary historical social importance judges literary experts historians philosophers competent render independent judgment worth book except capacity private citizens pair brother clark fanny hill universalist minister quote appendix censorship wisdom experts matters literary merit historical significance must evaluated record choice reverse judgment massachusetts judicial irrespective whether include fanny hill libraries four seven justices massachusetts judicial conclude fanny hill obscene mass four seven judges new york appeals conclude obscene larkin putnam sons outlaw book voting record let majorities rule minorities thought constitution forbids abridgment freedom speech press censorship notorious form abridgment substitutes majority rule minority tastes viewpoints tolerated inexplicable book concededly social worth nonetheless banned manner advertised sold however florid cover whatever pitch advertisements contents remain every time obscenity case argued office flooded letters postal cards urging protect community nation striking publication messages often identical even commas semicolons inference irresistible copied school church blackboard dozens postal cards often mailed precinct drives incessant pressures great happily bow mention emphasize lack popular understanding constitutional system publications utterances made immune majoritarian control first amendment applicable reason fourteenth exceptions made even obscenity contrary conclusion roth obscenity found outside first amendment without justification extent publication obscenity crime common law unclear generally agreed first reported case involving obscene conduct king sir charles sedley publication obscene literature first thought exclusive concern ecclesiastical courts held constitute indictable offense later case involved publication obscene impious libel bawdy parody pope essay man member house commons basis cases one say doctrines regard publication obscenity anything uncertain definition term basis identification unity describing obscene literature prosecuting little ability smell alpert judicial censorship obscene literature harv rev even common law fully developed time adoption first amendment justified assuming amendment left common law unscathed bridges california said assume english common law field became deny generally accepted historical belief one objects revolution get rid english common law liberty speech press schofield freedom press publications amer sociol specifically forget environment first amendment ratified presenting proposals later embodied bill rights james madison leader preparation first amendment said although know whenever great rights trial jury freedom press liberty conscience come question body parliament invasion resisted able advocates yet magna charta contain one provision security rights respecting people america alarmed freedom press rights conscience choicest privileges people unguarded british constitution true observed roth obscenity laws appeared books handful time first amendment adopted first amendment adoption fourteenth restraint upon federal power moreover absence federal cases laws relative obscenity period immediately adoption first amendment congress passed legislation relating obscenity middle nineteenth century neither reason history warrants exclusion particular class expression protection first amendment nothing judgment utterly without merit faced difficult questions first amendment poses regard libel new york times sullivan recognized libel claim talismanic immunity constitutional limitations permit fictionalized assertions constitutional history obscure questions undertake inquiry unable opinion escape conclusion interest society regard suppression obscene literature override first amendment justify censorship censor always quick justify function terms protective society first amendment written terms absolute deprives power pass value propriety morality particular expression cf kingsley pictures regents joseph burstyn wilson perhaps frequently assigned justification censorship belief erotica produce antisocial sexual conduct relationship yet proven indeed one make judgments basis speculation one might guess literature pornographic sort many cases provide substitute stimulus antisocial sexual conduct see murphy value pornography wayne rev read first amendment judges gear literary diet entire nation whatever tepid stuff incapable triggering demented mind first amendment demands horrible example two perpetrator crime sexual violence whose pocket found pornographic book allows nation saddled regime censorship whatever may reach power regulate conduct stand view roth supra first amendment leaves power government expression ideas appendix opinion justice douglas concurring peale fanny hill address december quickly must admitted appears two books little common one written day scientific technological sophistication two hundred years old one acclaimed pulpit protested sin sex authored christian pastor fanny hill represents thoughts experiences common prostitute far general public seems concerned one moral hopelessly immoral peale attempting redeem society people believe fanny hill serve another instance overall trend toward immoral social order parents pleased find children reading book peale afraid parents sorely distressed discover copy fanny hill among school books offspring although one expect find many similarities thoughts pastor prostitute subject matter two books many ways strangely similar contents radically different concerns authors deal human experience concerned people happens world live day significantly books deal question moral readily admit concern moral obvious peale book one john cleland search moral fanny hill clothed erotic passages seem equate morality debauchery far general public concerned time peale book punctuated noble terms truth love honesty two books important may may great literature whether survive centuries come question although john cleland historical edge norman vincent peale however symbolic way represent struggle moral quest reason important peale begins book analysis contemporary society terms moral disorder obvious today readily admits traditional standards conduct behavior longer serve strong forceful guides writes forty years ever since ordination preaching person surrender jesus christ adopt strong affirmative attitudes toward life able live abundantly triumphantly still absolutely convinced true also bleakly aware whole trend seventh decade twentieth century seemed away principles practices religion toward much struggle peale says able develop new perspective current moral dilemma times first appeared disaster really opportunity idea coming surprising since less devoted concept positive thinking concludes society welcome fact old external authorities fallen believe individuals ever coerced certain patterns behavior according peale live day challenge society longed time individuals disciplined rather motivated external compunction bravely announces time come must replace external authority quick add values contained tradition american way life must never abandoned emanate wellsprings truth previously external force must internalized individuals many ways peale analysis social situation solution offers assisting individual stand pressures times come close views sigmund freud felt society corrupt individual result sure defense strong conscience precisely peale recommends interestingly enough john cleland fanny hill concerned issues although question moral behavior presented subtly book problem deals identical contend book wholly without redeeming social importance feel appeals prurient interests firmly believe fanny hill moral rather immoral piece literature fact go far suggest represents significant view morality represented peale book sin sex peale cleland concerned nature society relationship individual fanny hill appears allegory story immoral becomes moral unethical emerges ethical nothing distressing discover commonly considered evil may reality demonstrate characteristics love concern real irony fact fanny hill rather naive young girl becomes prostitute finds warmth understanding meaning love faithfulness amid surroundings situations society whole condemns debased depraved world outside brothel affirms faith dignity man people often treated worthless unimportant creatures however within world prostitution fanny hill finds friendship understanding respect treated person value absent lover returns lost girl gutter one perceives whole healthy person discovered ability love loved brothel think cleland suggesting one must cautious condemned held honor peale viewpoint story fanny hill tragedy demonstrate refused internalize values inherent tradition catalog sexual scenes book symbol debased individual society lives peale others correct saying fanny hill demonstrate however come appreciate value time clients looked upon means end tried understand concerned persons lover charles returned filled guilt remorse accepted able offer love devotion feeling many people fear book fanny hill sexual scenes author raises serious question issue moral immoral takes exception idea repression restraint create moral individuals develops thought human dares suggest situation society calls immoral debased genuine love respect life people human beings develop far glorifying vice john cleland points accusing finger individual certain means moral man quickly say message missed average person reads fanny hill precisely point become accustomed ethical immoral unable recognize accept good may nothing less evil harms people know book beautifully describes meaningful relationships man woman fanny hill many marriages men use woman sexual gratification otherwise well vice versa case story fanny hill point simply many many ways hurt injure degrade people far worse either visiting prostitute name morality time peale concerned sick people john cleland attempts describe healthy ones fanny hill modern certainly valuable book sin sex author tell us behave attempts help us understand nature love understanding related persons peale writing emphasizes useful commodities available man john cleland suggests may popular humane peale approach life breeds contentment suggests one us certain good true standards thinking behavior available need appropriate use day life marked chaos confusion viewpoint offers much way comfort satisfaction one trouble however results conformity rigid behavior lack understanding results personality configurations marked intense interest propositions truth right time build wall people attitude creates certainty little warmth idea develops kind people right forces us degrade dismiss ultimately attempt destroy anyone agree us alive sensitive life means choose want possible way person slave free time opposite ends continuum much persons like necessary make choice since restraint openness contradictory qualities internalize external values denies possibility must decide want comes conformity creativity want people behave structured predictable manner ideal creativity meaning issue peale never understand victim john cleland describes brilliant clarity sensitive persuasion learn respect enough leave alone discover meaning morality peale fanny hill offer two basic choices open man man free choose autocentric existence marked freedom ambiguity responsibility autocentricity presupposes closed world life predetermined contrast view allocentric outlook marked open encounter total person world growth spontaneity expression goals existence peale epitomizes autocentric approach offers warm blankets comfortable cocoons want lose humanity hand fanny hill represents allocentric viewpoint posits possibility man raise sights stretch imagination cultivate sensitiveness well deepen broaden perspectives discussing autocentric idea floyd matson writes human beings conditioned apathy affluence may well prefer regressive path least resistance promise escape freedom end striving know least open choose otherwise word choose broken image page memoirs subject generally regarded first recorded suppression literary work country grounds obscenity see commonwealth holmes mass edition condemned differed present volume contained apparently erotic illustrations memoirs putnam ed defense drew witnesses various colleges located within commonwealth massachusetts included fred holly stocking professor english chairman english department williams college john bullitt professor english master quincy house harvard college robert sproat associate professor english literature boston university norman holland associate professor english massachusetts institute technology ira konigsberg assistant professor english american literature brandeis university addition defense introduced evidence reviews impartial literary critics opinion particular significance since publication indicates book sufficient significance warrant serious critical comment reviews pritchett new york review books brigid brophy new statesman donald adams new york times book review july appendix opinion contains another contemporary view two reports case first captioned le roy charles sidney sid pl second titled sir charles sydlyes case keble sir charles made public appearance london balcony nude intoxicated talkative delivered lengthy speech assembled crowd uttered profanity hurled bottles containing later described offensive liquor upon crowd proximate source offensive liquor appears sir charles alpert judicial censorship obscene literature harv rev queen read mod dominus rex curl strange see straus unspeakable curll rex wilkes burr prosecution wilkes highly political action wilkes outspoken critic government see postgate devil wilkes suggested prosecution case convenient substitute less attractive charge seditious libel see alpert supra see part however early legislation aimed blasphemy profanity see first reported decision involving publication obscene literature come see commonwealth holmes mass civil war state prosecutions sort became commonplace see lockhart mcclure literature law obscenity constitution rev tariff act stat prohibiting importation obscene prints federal legislation followed development federal law traced cairns paul wishner sex censorship assumptions laws empirical evidence rev see cairns paul wishner supra lockhart mcclure supra see summary jahoda studies prepared judge frank reprinted roth concurring opinion concerned children erotic literature well consider counsel judge bok asked whether one care one young daughter read books suppose time old enough wish read learned biologic facts life words go something seriously wrong home facts met faced sorted children much parents receive concern prefer three daughters meet facts life literature world library behind neighbor barn face adversary directly young ladies appalled read close book bottom page one read learn world people parents discerning children need fear outcome hold back life series little battles minor issues burden choice us every day young old commonwealth gordon futile effort even censor attempt remove might possibly stimulate antisocial sexual conduct majority individuals needless say somewhere extremes excitement frigidity within variety impossible define pornography singly lewd concept profane ideas passed imperceptible degrees sexuality called holy everything every idea capable obscene personality perceiving apprehends reason books pictures charades ritual spoken word lead directly conduct harmful self indulging others heinrich pommerenke rapist abuser mass slayer women germany prompted series ghastly deeds cecil demille ten commandments scene jewish women dancing golden calf doubts life came clear women source world trouble mission punish execute leaving theater slew first victim park nearby john george haigh british vampire sucked victims blood soda straws dissolved drained bodies acid baths first dreams watching voluptuous procedure anglican high church service murphy supra justice clark dissenting regret write dissenting opinion however public know continuous flow pornographic material reaching increasing problem controlling memoirs woman pleasure book involved typical stomached past cases almost years without much outcry though known purist shrinking violet book much even important refused declare obscene thus affords circulation order give remarks proper setting obliged portray book contents causes embarrassment however quotations typical episodes debase reports follow course let first pinpoint effect today holding obscenity field majority opinion case three justices import new test laid roth namely book proscribed unless found utterly without redeeming social value agree brother white condition rejects basic holding roth gives smut artist free rein carry dirty business vote case deciding one majority opinion cast solely declared test obscenity whether average person applying contemporary community standards dominant theme material taken whole appeals prurient interest understood test include two constitutional requirements book must judged whole parts must judged terms appeal prurient interest average person applying contemporary community standards indeed obscenity denoted roth slight social value step truth benefit may derived clearly outweighed social interest order morality quoting chaplinsky new hampshire moreover subsequent decision utterly without redeeming social value test suggested much less expounded brother harlan manual enterprises day made reference whatever requirement roth rather interpreted roth including test patent offensiveness besides prurient appeal brother brennan concurring opinion manual enterprises mention utterly without redeeming social value test first reference test made brother brennan jacobellis ohio seven years roth opinion joined justice goldberg wrote recognizing test obscenity enunciated roth perfect think substitute raise equally difficult problems therefore adhere standard nevertheless proceeded add reiterate however recognition roth obscenity excluded constitutional protection utterly without redeeming social importance follows material dealing sex manner advocates ideas literary scientific artistic value form social importance may branded obscenity denied constitutional protection light foregoing reiterate acceptance rule roth case material obscene constitutionally protected regulation proscription average person applying contemporary community standards dominant theme material taken whole appeals prurient interest emphasis added ii three members majority hold reversal necessary solely novel utterly without redeeming social value test properly interpreted applied judicial massachusetts massachusetts retry case although findings fact rulings law order final decree trial specifically held book utterly without redeeming social importance fields art literature science news ideas social importance obscene indecent impure quote portions findings opinions experts admitted evidence aid understanding comprehension facts course expert usurp function highly artificial stylistic writing abundance metaphorical descriptions contained book conclusions experts pretty well strained attempting justify claimed literary value book preached moral sex love better sex without love fanny description sexual acts particularly young boy seduced fanny judgment least contrary careful review expert testimony made best evidence book plainly value ideas news artistic literary scientific attributes merit adopt rule law obscenity suppressible well written obscenity justice scileppi people fritch emphasis added finding view evidence social importance relevant determination ultimate question obscenity social importance constitute separate distinct constitutional test evidence must considered together evidence material question appeals prurient interest patently offensive accordingly must first turn book attack repeat regret depict sordid episodes book iii memoirs nothing series minutely vividly described sexual episodes book starts fanny hill young girl arriving london seek household work goes employment office happenstance meets mistress bawdy house takes pages remaining pages book detail initiation various sexual experiences lesbian encounter sister prostitute sorts types sexual debauchery bawdy houses mistress variety men presented reader uninterrupted succession descriptions fanny either observer participant sexual adventures vile one male expert witnesses case hesitant repeat one courtroom scenes run gamut possible sexual experience lesbianism female masturbation homosexuality young boys destruction maidenhead consequent gory descriptions seduction young virgin boy flagellation male female vice versa followed fervid sexual engagement abhorrent acts including two dozen separate bizarre descriptions different sexual intercourses male female characters one sequence four girls bawdy house required presence one another relate lurid details loss virginity glorification followed evening publick trials four girls engages sexual intercourse different man others witness fanny giving detailed description movement reaction couple sexual scenes exposed bodies participants described minute individual detail pubic hair often used background vivid precise descriptions response condition size shape color sexual organs orgasms short transitory passages various sexual episodes part set scene identify participants next orgy make smutty reference comparison past episodes doubt whole purpose book arouse prurient interest likewise repetition sexual episode episode candor described renders book patently offensive facts weigh heavily appraisal book claims redeeming social importance let us turn evidence book alleged social value unfortunately state offered little testimony defense called several experts attest book literary merit historical value careful reading testimony however reveals substance example first witness testified think work art asks receives literary response presented orderly organized fashion fictional central character literary style think central character call intellectual someone extremely curious life seeks record accuracy details external world physical sensations psychological responses empiricist find tells things century might otherwise know experts produced defense testified book emphasizes profound idea sensual passion truly experienced associated emotion love sexual relationship wholesome healthy experience whereas certain modern novels relationship sexes seen another manifestation modern decadence insterility perversion view proves nothing social value state properly gave testimony probative weight review offered defense noted pornography brutalize idealizes book sense erotic fantasy male fantasy put mind woman male organ phenomenal point absurdity finally saw book minor fantasy deluding guide conduct respectful delight body interesting history english novel unrelated assertions reveal nothing whatever literary historical social value another review called book great novel one turns convention upside admittedly cleland attempt high art writing erotic novel skip elevation get erections fanny downfall seen one long delightful swoon depths pleasurable sensation rather indicating social value book evidence reveals contrary another item offered defense described memoirs widely accredited first deliberately dirty novel english however reviewer found fanny common harlot memoirs combine literary grace disarming enthusiasm activity human never uses dirty word short answer expertise none attributes value society contrary accentuate prurient appeal another expert described book detectable literary merit since reflects effort interpret rather complex character going number different adventures illustrate assertion writing skillfully done expert pointed description whore phoebe fat early waddles room walk waddles given standard skillful writing surprising found book merit remaining experts testified manner claiming book record historical psychological social events period one read history century disprove assertion story depicts nothing besides brothels present metropolitan cities every period history one expert noticed book tendency away nakedness sexual act find interesting sort sociological observation tastes different contemporary ones additional proof marvels fanny refers constantly male sexual organ engine pulling away way events described century adds social value book beyond comprehension indicates lengths experts go effort give book semblance value example ubiquitous descriptions sexual acts excused necessary tracing moral progress heroine giving silver watch servant found odd interesting custom like know points bankruptcy memoirs purpose content adequately justifying trial finding absolutely social value course duty judge jury determine question obscenity viewing book contemporary community standards accept appraisal experts discount testimony light material relevant testimony literary obscenity use erotic fantasies type clothed engaging literary style constitutional protection book deals solely erotic material manner calculated appeal prurient interest matters may expressed beautiful prose obviously dynamic connections art sex emotional intellectual physical former used solely promote prurient appeal claim constitutional immunity cleland uses technique promote prurient appeal memoirs true fanny perverse experiences finally bring observation heights sexual enjoyment achieved true affection prepares bed passion merely emphasizes sex wherever however found remains sole theme memoirs view book repeated unrelieved appeals prurient interest average person leave utterly without redeeming social importance iv separate concurrence brother douglas asserts proof obscenity produces antisocial conduct thought question foreclosed determination roth obscenity protected first amendment find necessary comment upon brother douglas views however new requirement engrafted upon roth brother brennan material appeals prurient interest patently offensive may still suppressed unless utterly without redeeming social value question antisocial effect thus becomes relevant limited question social value brother brennan indicates social importance criterion encompasses things artistic literary historical qualities material phrasing utterly without redeeming social value test suggests evidence must considered say social value may redeem implies courts must balance alleged esthetic merit harmful consequences may flow pornography whatever scope social value criterion need defined precision least anticipates trier fact weigh evidence material influence causing deviant criminal conduct particularly sex crimes well effect upon mental moral physical health average person brother douglas view lack proof area firmly held among behavioral scientists lead us believe reason mention division thought correlation obscenity socially deleterious behavior psychological physiological studies clearly indicate many persons become sexually aroused reading obscene material erotic stimulation caused pornography may legally insignificant medical experts believe stimulation frequently manifests criminal sexual behavior antisocial conduct example george henry cornell university expressed opinion obscenity exaggerated morbid emphasis sex particularly abnormal perverted practices unrealistic presentation sexual behavior attitudes may induce antisocial conduct average person number sociologists think material may adverse effects upon individual mental health potentially disruptive consequences community addition persuasive evidence criminologists police officials inspector herbert case detroit police department contends sex murder cases invariably tied form obscene literature director federal bureau investigation edgar hoover repeatedly emphasized pornography associated overwhelmingly large number sex crimes correlation possession obscenity deviant behavior conclusively established files law enforcement agencies contain many reports persons patterned criminal conduct behavior depicted obscene material clergy also outspoken belief pornography encourages violence degeneracy sexual misconduct speech reported new york august cardinal spellman particularly stressed direct influence obscenity immature persons related views confirmed practical experience years service west london mission rev donald soper found pornography primary cause prostitution rolph pornography matter pp congress legislatures every state enacted measures restrict distribution erotic pornographic material justifying controls reference evidence antisocial behavior may result part reading obscenity likewise upon another trial parties may offer sort evidence along social value characteristics attribute book massachusetts courts might consider believe established book commercially exploited sake prurient appeal exclusion values therefore declared obscene test commercial exploitation announced today ginzburg mishkin stated study memoirs leads think conceivable social importance author obsession sex minute descriptions phalli repetitious accounts bawdy sexual experiences deviant sexual behavior indicate book designed solely appeal prurient interests addition record contains extrinsic evidence tending show publisher fully aware book attracted readers desirous vicarious sexual pleasure sought profit solely prurient appeal publisher introduction recites cleland bohemian wrote book make quick guineas thereafter various publications book often embellished fresh inflammatory details highly exaggerated illustrations appeared surreptitious circulation indeed cover memoirs tempts reader announcement sale book finally permitted years suppression although written sophisticated tone introduction repeatedly informs reader may expect graphic descriptions genitals sexual exploits instance cleland descriptions marred perhaps best described adherence longitudinal fallacy formidable bodily equipment accomplished lovers apt described quite unnecessary relish memoirs woman pleasure product luxurious licentious commercially degraded era abounding improprieties priapic novel vulgar book treats pleasure aim end existence sexual satisfaction epitome pleasure style despite inflammatory subject never stoops gross unbecoming word see lockhart mcclure censorship obscenity developing constitutional standards rev preface paperbook edition note american history memoirs woman pleasure publisher mentions several critics denied book literary merit found totally undistinguished critics included ralph thompson clifton fadiman xviii one review stated yet pangs defloration service erotic pleasure fanny reader postponing culmination fanny deflowering equivalent postponing point reader mental orgasm summary experiments various sexual stimuli see cairns paul wishner sex censorship assumptions laws empirical evidence rev authors cite research kinsey disclosing obscene literature stimulated definite sexual response majority male female subjects tested wertham seduction innocent testimony subcommittee judiciary committee investigate juvenile delinquency pp sorokin american sex revolution testimony house select committee current pornographic materials see hoover combating merchants filth role fbi pitt rev hoover fight filth american legion magazine may general discussion see murphy censorship government obscenity pp statutes compiled pp new mexico prohibit distribution obscenity statute giving municipalities right suppress obscene publications stat see report new york state joint legislative committee studying publication dissemination offensive obscene material pp justice harlan dissenting central development emerges aftermath roth stable approach obscenity problem yet devised two justices believe first fourteenth amendments absolutely protect obscene nonobscene material alike another justice believes neither federal government may suppress material save pornography roth stressed prurience utter lack redeeming social importance roth expounded case ginzburg post mishkin new york post undergone significant transformation concept pandering emphasized separate opinion chief justice roth emerges uncertain gloss interpretive aid requisite patent offensiveness made explicit result intervening decisions given tangled state affairs feel free adhere principles first set forth separate opinion roth continue believe represent soundest constitutional solution intractable problem premise area obscenity constitution bind federal government precisely fashion approach plainly consistent language first fourteenth amendments opinion responsive proper functioning federal system government area see opinion roth believe also consistent past decisions although years passed since first indicated fourteenth amendment protects free speech see gitlow new york fiske kansas decisions never declared every utterance federal government may reach every regulatory scheme may enact also beyond power state criteria used opinions delimit protection free speech gravity evil regulated see schneider state clear present danger schenck holmes magnitude invasion free speech necessary avoid danger dennis hand may depend particular context power exercised example beauharnais illinois upheld criminal law social interest order morality acknowledging responsibility capacity matters committing uphold similar federal statute applying communications congress might otherwise regulate commerce power see also kovacs cooper federal suppression allegedly obscene matter view constitutionally limited often described pornography sure rubric standard describe something judges others know see stewart jacobellis ohio leaves smallest room disagreement varying tastes plain instance fanny hill fall within class barred federal mails articulation meaningful characterize prurient material patently offensive whose indecency describe substantially justice stewart opinion ginzburg post federal government may conceded limited interest excluding mails gross pornography almost universally condemned country believe dangers national censorship existence primary responsibility state level amply justify drawing line point state obscenity laws present problems quite different order varying conditions across country range views need reasons curbing obscenity traditions local matters public welfare favor far flexible attitude defining bounds standpoint fourteenth amendment requires state apply criteria rationally related accepted notion obscenity reach results wholly step current american standards criteria adequate jury considers elements offensiveness pruriency social value like latitude believe deserve cautions federally imposed formula listing exclusive ingredients obscenity fixing proportions approach concededly lacks precision imprecision characteristic mediating constitutional standards voluntariness confession clear present danger probable cause ready illustrations time litigated examples predictability increases shortcut satisfactory solutions field advantage supposing otherwise believe tests set prevailing opinion judged application case offer illusion certainty risk confusion prejudice opinion declares book banned unless utterly without redeeming social value ante establish social value present case number acknowledged experts field literature testified fanny hill held respectable place serious writing unless largely uncontradicted testimony accepted decisive hard see utterly without redeeming social value test meaning yet prevailing opinion denying social value may weighed canceled prurience offensiveness ante terminates case unwilling give conclusive decision status fanny hill constitution apparently believes social value book may negated proof pandering present using inherently vague pandering notion offset social value wipes certainty latter term might given reliance experts admits case highly prejudicial evidence without appropriate restrictions see dissenting opinion ginzburg post think satisfactory acknowledge record book shown quantum social value may time deemed offensive salacious state decision weigh elements ban particular work exceed constitutional limits final aspect obscenity problem role play administering standards matter engendered justified concern oral argument cases decided short saying material relating sex may banned may see escape task reviewing obscenity decisions basis views literary experts made controlling experts say fanny hill apparently majority willing say massachusetts must abide verdict yet venture say burden decision ameliorated constitutional principles advocated pornography judging federal cases one tangible concepts field due latitude approach leave ensures unusual case require plenary review correction plenty room know disagreement area constitutional law think propose may encourage go far field others consider present course unduly restricts state experimentation still elusive problem obscenity believe part wisdom us happen currently possess final word leave room experimentation indeed underlying genius federal system premises set forth opinion supplementing earlier said opinions roth supra manual enterprises day jacobellis ohio affirm judgment massachusetts judicial given view applicable constitutional standards find occasion consider place redeeming social importance majority opinion roth issue divides present interest may viewed different angles compelling post office aid actively disseminating obnoxious material may simply appear offensive concretely use mails may facilitate insulate distribution greatly federal inaction amounts thwarting state regulation deterrent effect vagueness critical class books near law borderline past ameliorated devices like massachusetts rem procedure used case course newly adopted panderer test turning motives actions particular defendant seriously undercuts effort give seller yes answer book advance criminal prosecution understand prevailing opinion rationale state may condemn fanny hill obscene finding book modicum social value opinion note proof pandering might justify conclusion book wholly lacks social value ante given premise reversal opinion occasion assess pruriency offensiveness lack social value book ante justice white dissenting roth held publication obscene predominant theme appeals prurient interest manner exceeding customary limits candor material kind said utterly without redeeming social importance therefore unprotected first amendment say material within roth definition obscenity nevertheless obscene redeeming social value reject one basic propositions roth case material protected inherently utterly without social value social importance used prevailing opinion uses today obscene material however far beyond customary limits candor immune literary style contains historical references language characteristic bygone day even printed bound interesting way well written especially effective obscenity protected poorly written vulnerable fact people buy read material prove social value fortiori predominant theme book appeals prurient interest stated roth book nevertheless contains passage descriptive character geography architecture book obscene social importance test thought roth counseled contrary character book fixed predominant theme altered presence minor themes different nature roth emphatic reliance quotation chaplinsky new hampshire means nothing less certain narrowly limited classes speech prevention punishment never thought raise constitutional problem include lewd obscene well observed utterances essential part exposition ideas slight social value step truth benefit may derived clearly outweighed social interest order morality emphasis added application roth test understand necessarily involves exercise judgment legislatures courts juries mean limits may done name roth cf jacobellis ohio roth mean legislature free ban books simply deal sex appeal prurient interest mean books like fanny hill unprotected nonprurient appeal necessarily lost world literary style history teachings sex character description even prostitute moral lessons need come wrapped packages fact impeaches claims immunity legislative censure finally remembered publication sale fanny hill like books proscribed constitution imposes ban censure stems legislative act legislatures constitutionally free embrace books whenever wish state insists treating fanny hill obscene forbidding sale first amendment prevent affirm judgment