Memoirs v. Massachusetts

E468427

Memoirs v. Massachusetts is a 1966 U.S. Supreme Court decision that refined the legal test for obscenity under the First Amendment, further protecting controversial literary works from censorship.

All labels observed (3)

How this entity was disambiguated

Statements (49)

Predicate Object
instanceOf First Amendment case
United States Supreme Court case
obscenity case
alsoKnownAs A Book Named "John Cleland's Memoirs of a Woman of Pleasure" v. Attorney General of Massachusetts
areaOfLaw civil liberties
constitutional law
category United States Supreme Court cases on freedom of expression
United States Supreme Court cases on obscenity
chiefJusticeAtDecision Earl Warren
citation 383 U.S. 413
concurrenceBy Potter Stewart
William O. Douglas
constitutionalProvision First Amendment to the United States Constitution
Fourteenth Amendment to the United States Constitution
country United States
court Supreme Court of the United States
decisionDate 1966-03-21
decisionType plurality decision
dissentBy Byron R. White
John M. Harlan II
Tom C. Clark
fullName Memoirs v. Massachusetts, 383 U.S. 413 (1966)
holding The book at issue could not be deemed obscene under the Roth test as refined by the Court.
To be obscene, material must be utterly without redeeming social value.
impact expanded protection for controversial literary works from censorship
issue Whether the book "Memoirs of a Woman of Pleasure" could be banned as obscene.
jurisdiction United States
languageOfProceeding English
legalSubject freedom of speech
freedom of the press
obscenity law
legalTestElement The dominant theme of the material taken as a whole must appeal to a prurient interest in sex.
The material must be patently offensive because it affronts contemporary community standards relating to the description or representation of sexual matters.
The material must be utterly without redeeming social value.
limitedByCase Miller v. California
majorityOpinionBy William J. Brennan Jr.
pageInUnitedStatesReports 413
petitioner A Book Named "John Cleland's Memoirs of a Woman of Pleasure"
pluralityOpinionBy William J. Brennan Jr.
precedentFor later obscenity jurisprudence under the First Amendment
refinedTestFromCase Roth v. United States
relatedAuthor John Cleland
relatedWork Memoirs of a Woman of Pleasure
respondent Attorney General of Massachusetts
result Massachusetts judgment declaring the book obscene was reversed
stateParty Commonwealth of Massachusetts
linked to: Massachusetts
subjectMatter censorship of sexually explicit literature
timePeriod Warren Court
linked to: Warren Court era
volumeInUnitedStatesReports 383

How these facts were elicited

Referenced by (8)

Full triples — surface form annotated when it differs from this entity's canonical label.

United States v. One Book Called Ulysses influenced Memoirs v. Massachusetts
Roth v. United States subsequentCase Memoirs v. Massachusetts
opinion in Ginzburg v. United States relatedCase Memoirs v. Massachusetts
Miller v. California overruledPrecedentInPart Memoirs v. Massachusetts
Miller v. California relatedCase Memoirs v. Massachusetts
Memoirs v. Massachusetts fullName Memoirs v. Massachusetts, 383 U.S. 413 (1966)
linked to: Memoirs v. Massachusetts
Memoirs v. Massachusetts alsoKnownAs A Book Named "John Cleland's Memoirs of a Woman of Pleasure" v. Attorney General of Massachusetts
linked to: Memoirs v. Massachusetts
Jacobellis v. Ohio relatedTo Memoirs v. Massachusetts