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Obscenity rules : Roth v. United States and the long struggle over sexual expression / Whitney Strub.

By: Strub, Whitney.
Material type: TextTextSeries: JSTOR eBooks; Landmark law cases & American society.Publisher: Lawrence, Kansas : University Press of Kansas, 2013Description: 1 online resource (x, 268 pages).Content type: text Media type: computer Carrier type: online resourceISBN: 9780700619757; 0700619755.Subject(s): Trials (Obscenity) -- United StatesAdditional physical formats: Print version:: Obscenity rules.DDC classification: 345.73/0274 Online resources: Click here to view this ebook.
Contents:
Toward obscenity : legal evolution from colonies to comstock -- Modernizing free speech : politics, sex, and the First Amendment in the early twentieth century -- Samuel Roth, from art to smut -- The absent Supreme Court : obscenity doctrine in the 1940s -- Cold War, hot lust : sexual politics in the 1950s -- Anatomy of a case -- Writing Roth : the court opines -- The two Roths : liberalization, regulation, and the apparent paradox of obscenity in the 1960s -- From porno chic to new critiques : conservatives, feminists, and backlash to obscenity -- Epilogue : after obscenity?
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Item type Current location Call number URL Status Date due Barcode
Electronic Book UT Tyler Online
Online
KF224.R68 S77 2013 (Browse shelf) https://ezproxy.uttyler.edu/login?url=http://www.jstor.org/stable/10.2307/j.ctt1p6qph5 Available ocn867742117

Includes bibliographical references and index.

Toward obscenity : legal evolution from colonies to comstock -- Modernizing free speech : politics, sex, and the First Amendment in the early twentieth century -- Samuel Roth, from art to smut -- The absent Supreme Court : obscenity doctrine in the 1940s -- Cold War, hot lust : sexual politics in the 1950s -- Anatomy of a case -- Writing Roth : the court opines -- The two Roths : liberalization, regulation, and the apparent paradox of obscenity in the 1960s -- From porno chic to new critiques : conservatives, feminists, and backlash to obscenity -- Epilogue : after obscenity?

Print version record.

Reviews provided by Syndetics

Library Journal Review

Strub (women's & gender studies, Rutgers Univ., Newark; Perversion for Profit: The Politics of Pornography and the Rise of the New Right) traces obscenity law in the United States from the Colonial era to the present. Publisher Samuel Roth's run-ins with the law for selling books deemed obscene, such as Lady Chatterley's Lover and Ulysses, culminated with the U.S. Supreme Court's first important ruling regarding obscenity in the 1957 case Roth v. United States. The book's core examines this historical setting and the ruling's consequences. The ruling, written by Justice William J. Brennan Jr., would go on to influence the legal system's permissiveness for pornography while it simultaneously prosecuted obscenity, with outcomes often depending on the current zeitgeist. Also documented is the ruling's tempestuous history: the criticism leveled against it by court justices, legal experts, and, eventually, Justice Brennan himself, who acknowledged that it set an untenable precedent for determining obscenity. VERDICT Strub elucidates the duplicity and paradoxes in attitudes toward sexuality in the United States by examining the ups and downs of related law. Highly recommended to those interested in free speech and obscenity, as well as to those interested in publishing, law and culture, and the U.S. Supreme Court.-Scott Vieira, Sam Houston State Univ. Lib., Huntsville, TX (c) Copyright 2013. Library Journals LLC, a wholly owned subsidiary of Media Source, Inc. No redistribution permitted.

CHOICE Review

Strub's work is part of the series "Landmark Law Cases and American Society." It tells the story of Samuel Roth's checkered history as a dealer in smut and lays out the history of obscenity's meaning as a legal concept, paying attention to the political forces and pressures involved. Strub (history, Rutgers Univ.) tracks the legacy of Roth, which Strub claims was a failure, and obscenity law into the 21st century, noting that, though superseded as a test to determine what constitutes obscenity, Roth's core doctrine that obscene material is outside the protection of the First Amendment remains good law. Strub does not focus on the very real tension between the right of people to read, see, and hear what they wish and society's interest in protecting itself; he sees the problem as one arising from contradictory impulses--prurience and repression--that characterize society. Useful for the information gleaned from Roth's private papers, the records of the various prosecutions, and the memos of the justices. A more philosophical presentation of the question of censorship in a democratic society is Harry Clor's Obscenity and Public Morality (1975). Summing Up: Recommended. General readers, graduate students, research faculty. P. J. Galie emeritus, Canisius College

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