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Roth v. United States
From wikilawschool.net. Wiki Law School does not provide legal advice. For educational purposes only.
| Roth v. United States | |
| Court | Supreme Court of the United States |
|---|---|
| Citation | |
| Date decided | June 24, 1957 |
| Followed | Miller v. California |
Facts
Bookstore owners in the states of New York & California were being prosecuted for selling books that contained erotic stories or nude photos.
Procedural History
Roth was convicted of obscenity charges in the Southern District of New York.
Issues
Is obscenity protected by the 1st Amendment?
Holding
Obscenity isn't protected by the First Amendment as either speech or press.
Rule
Whether "applying contemporary community standards, the dominant theme of the material, taken as a whole, appeals to prurient interest."
Resources
