The Cases That Define Obscene or Protected Speech

Much of the groundwork for CBLDF’s mission was laid in a series of pivotal legal cases, many of which predate CBLDF’s founding in 1986. These cases helped define what constituted obscene speech and what types of speech are granted First Amendment protection, and they influence our work today. Let’s take a look at some of the cases that defined protected speech.

Obscenity Case Files: George Carlin’s Seven Dirty Words

George Carlin’s expletive-laden 12-minute monologue about the seven dirty words that can’t be said on TV became the cornerstone case for the regulation of indecent speech and the seminal Supreme Court case that authorized the FCC to restrict content, but the case is also considered by some as one of the worst decisions on First Amendment rights. Keep reading…

Obscenity Case Files: Tinker v. Des Moines Independent Community School District

Tinker v. Des Moines Independent Community School District is a landmark case that defines the constitutional rights of students in public schools. Tinker is also an inspirational legal battle that shows people can make a difference in the world by standing up for what they believe. Keep reading…

Obscenity Case Files: United States v. One Book Called “Ulysses”

James Joyce’s Ulysses has been called one of the most challenging and rewarding novels ever written and is considered to be one of the most important works of Modernist literature. What many people don’t realize is that the book was also the subject of litigation that led to a major change in the way the courts analyzed obscenity cases and expanded the First Amendment rights of authors. Keep reading…

Obscenity Case Files: “I know it when I see it”

Jacobellis v. Ohio, a decision that pre-dates the current obscenity touchstone, Miller v. California, set an inaccurate bar for defining obscene speech and it the origin of the infamous “I know it when I see it” language that was long applied to obscene material. Keep reading…

Obscenity Case Files: Pope v. Illinois

Miller v. California set the standard for identifying obscene material that is not protected by the First Amendment. However, some portions of the standards set by Miller are clearer than others. Pope v. Illinois clarified who or what determines which works have serious literary, artistic, political, or scientific value. Keep reading…

Obscenity Case Files: The Miracle Decision

Before 1952, movies were not protected from censorship under the Constitution. Things changed in 1952 thanks to Roberto Rossellini, Federico Fellini, and an amorous interlude between a wanderer named Saint Joseph and a disturbed peasant who believes herself to be the Virgin Mary. With Joseph Burstyn, Inc. v. Wilson, the Supreme Court held that film was an artistic medium and should be given the same First Amendment rights as any other form of creative expression. Read more…

Obscenity Case Files: Lenny Bruce

Lenny Bruce was as infamous for his prosecution for obscenity as he was famous for his groundbreaking comedy. He is now widely recognized for paving the way for modern comedic entertainment despite a conviction for obscenity that stood until only 10 years ago, when Robert Corn-Revere convinced New York Governor George Pataki to issue the first posthumous pardon in the state’s history. Keep reading…

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