Roth test for obscenity

E552709

The Roth test for obscenity is a legal standard established by the U.S. Supreme Court to determine whether material is obscene and therefore not protected by the First Amendment.

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Roth test for obscenity canonical 1

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Statements (30)

Predicate Object
instanceOf legal test
obscenity standard
appliesTo books
magazines
obscenity
other expressive materials
basedOnDecision Roth v. United States
consequenceOfFindingObscene material not protected by the First Amendment
decidingCourt Supreme Court of the United States
defines when material is legally obscene
focusesOn whether material is utterly without redeeming social importance
whether the average person would find the dominant theme appeals to prurient interest
historicalSignificance first modern Supreme Court attempt to define obscenity under the First Amendment
influencedBy earlier common law obscenity doctrines
jurisdiction United States
legalArea freedom of speech
freedom of the press
legalSystem United States constitutional law
partiallyOverruledBy Miller v. California
predecessorOf Miller test for obscenity
relatedConcept obscene material
prurient interest
redeeming social importance
relatedToAmendment First Amendment to the United States Constitution
replacedBy Miller test
standardType national standard
status superseded standard
stillCitedFor historical development of obscenity law in the United States
usedInCase Roth v. United States, 354 U.S. 476 (1957)
yearEstablished 1957

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Referenced by (1)

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

opinion in Ginzburg v. United States relatedDoctrine Roth test for obscenity