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Roth v. United States (1957) - Coggle Diagram
Roth v. United States (1957)
Legal Issue
Is obscenity protected by 1st Amendment?
Application to states via 14th Amendment
Holding
Obscenity not constitutionally protected
Federal and state convictions upheld
Roth Test
Average person
Contemporary community standards
Dominant theme taken as a whole
Appeals to prurient interest
Majority Reasoning (Brennan)
Sex ≠ obscenity
Obscenity = no redeeming social value
Hicklin test rejected
Concurrences
Warren — focus on commercial exploitation
Dissents
Douglas/Black — chilling effect on speech
Harlan — federalism concerns
Legacy
Foundation for Miller v. California (1973)