Question: Why Is Obscenity So Hard To Define?

Who appointed Byron White?

President KennedyIn 1961, he was appointed Deputy Attorney General of the United States by President Kennedy.

President Kennedy named Byron White to the Supreme Court in 1962..

Does Google show illegal images?

The process of accessing images on the Internet, on Google Images and videos on Youtube is not illegal, even if that includes downloading the files or part of the files in the browser e.g. for caching. This is the normal process of accessing web pages, you do not have to worry about that.

What rights are not protected?

Categories of speech that are given lesser or no protection by the First Amendment (and therefore may be restricted) include obscenity, fraud, child pornography, speech integral to illegal conduct, speech that incites imminent lawless action, speech that violates intellectual property law, true threats, and commercial …

What is the penalty for desecrating the American flag?

(a)(1) Whoever knowingly mutilates, defaces, physically defiles, burns, maintains on the floor or ground, or tramples upon any flag of the United States shall be fined under this title or imprisoned for not more than one year, or both.

Why is it hard for the government to define obscenity?

All fifty states have individual laws controlling obscene material. A comprehensive, legal definition of obscenity has been difficult to establish. … A landmark case, Roth ruled that obscene material was not protected by the First Amendment and could be regulated by the States rather than by a singular, Federal standard.

How did Potter Stewart see the role of the press in American society?

Justice Potter Stewart advanced a different point of view in his concurring opinion in the decision. “That the First Amendment speaks separately of freedom of speech and freedom of the press is no constitutional accident, but an acknowledgment of the critical role played by the press in American society,” he wrote.

What are obscene words?

An obscenity is a dirty word or phrase. … They are obscenities, which are also known as swear words. You can also say that anything offensive or inappropriate is an obscenity. This can include things that are not only dirty, but things that are offensive in other ways.

Is burning the US flag a crime?

No. The Court has recognized that the First Amendment protects certain forms of symbolic speech. Flag burning is such a form of symbolic speech.

How is obscenity defined?

Obscenity refers to a narrow category of pornography that violates contemporary community standards and has no serious literary, artistic, political or scientific value. For adults at least, most pornography — material of a sexual nature that arouses many readers and viewers — receives constitutional protection.

How did Justice Potter define obscenity?

“Obscene” speech is “unprotected” speech as ruled by the Supreme Court. … In 1964, Justice Potter Stewart tried to explain “hard-core” pornography, or what is obscene, by saying, “I shall not today attempt further to define the kinds of material I understand to be embraced… [b]ut I know it when I see it …”

Is it disrespectful to hang a flag on a wall?

Don’t hang your flag backwards, upside down, or in another inappropriate fashion. If you’re hanging your flag vertically (like from a window or against a wall), the Union portion with the stars should go on the observer’s left. Never dip the flag to any person or anything.

Why is obscenity not protected?

Obscenity is not protected under First Amendment rights to free speech, and violations of federal obscenity laws are criminal offenses. … Obscenity is defined as anything that fits the criteria of the Miller test, which may include, for example, visual depictions, spoken words, or written text.

Do obscenity laws still exist?

Even though obscenity laws are generally enforceable, the area of law still prompts the question of what materials and speech are obscene and what speech is merely artistic or controversial. The U.S. Supreme Court’s definition of obscenity has changed throughout the years.

Is burning a flag Freedom of speech?

The majority of the Court, according to Justice William Brennan, agreed with Johnson and held that flag burning constitutes a form of “symbolic speech” that is protected by the First Amendment.

Who made the famous statement I know it when asked how do you define obscenity?

The phrase was used in 1964 by United States Supreme Court Justice Potter Stewart to describe his threshold test for obscenity in Jacobellis v. Ohio.