Comstock Laws - Definition of Obscenity

Definition of Obscenity

The Comstock Act clearly hinges on definitions, particularly of obscenity. Though the courts originally adopted the British Hicklin test, an American test was finally set down in Roth v. United States, in which it was determined that obscenity was material whose "dominant theme taken as a whole appeals to the prurient interest" to the "average person, applying contemporary community standards," and was, "utterly without redeeming social importance."

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