Early Court Cases on Obscenity
1933 case on Ulysses--James Joyce
- the test--1) “judge the work in its entirety”, 2) “a person of average sexual instinct,” 3) “stirs the sex impulses” Learned Hand
1942 Chaplinsky v. New Hampshire--two tiers of speech 1) speech with social value as a step to truth, and 2) that which has no social value--fighting words, the lewd, the profane, the obscene, and the libelous