Since the Roth ruling, to be declared obscene a work of literature had to be proven by censors to: 1) appeal to prurient interest, 2) be patently offensive, and 3) have no redeeming social value. The book in question in this case was Fanny Hill (or Memoirs of a Woman of Pleasure, 1749) by John Cleland and the Court held in Memoirs v. Massachusetts that, while it might fit the first two criteria (it appealed to prurient interest and was patently offensive), it could not be proven that Fanny Hill had no redeeming social value. The judgment favoring the plaintiff continued that it could still be held obscene under certain circumstances – for instance, if it were marketed solely for its prurient appeal.
Memoirs v. Massachusetts led to more years of debate about what was and was not obscene and the conferring of more power in these matters to proposers of local community standards.
Scott, Joseph E.; Eitle, David J.; Skovron, Sandra Evans (1990). "Obscenity and the law: Is it possible for a jury to apply contemporary community standards in determining obscenity?". Law and Human Behavior. 14 (2): 139–150. doi:10.1007/BF01062969. S2CID 145189559.
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Works related to Memoirs v. Massachusetts at Wikisource
Text of Memoirs v. Massachusetts, 383U.S. 413 (1966) is available from:FindlawJustiaLibrary of CongressOyez (oral argument audio)
memoirs, massachusetts, this, article, needs, additional, citations, verification, please, help, improve, this, article, adding, citations, reliable, sources, unsourced, material, challenged, removed, find, sources, news, newspapers, books, scholar, jstor, aug. This article needs additional citations for verification Please help improve this article by adding citations to reliable sources Unsourced material may be challenged and removed Find sources Memoirs v Massachusetts news newspapers books scholar JSTOR August 2013 Learn how and when to remove this template message Memoirs v Massachusetts 383 U S 413 1966 was the United States Supreme Court decision that attempted to clarify a holding regarding obscenity made a decade earlier in Roth v United States 1957 Memoirs v MassachusettsSupreme Court of the United StatesArgued December 7 8 1965Decided March 21 1966Full case nameA Book Named John Cleland s Memoirs of a Woman of Pleasure et al v Attorney General of MassachusettsCitations383 U S 413 more 86 S Ct 975 16 L Ed 2d 1 1966 U S LEXIS 2906 1 Media L Rep 1390HoldingSince the First Amendment forbids censorship of expression of ideas not linked with illegal action Fanny Hill cannot be proscribed Court membershipChief Justice Earl Warren Associate Justices Hugo Black William O DouglasTom C Clark John M Harlan IIWilliam J Brennan Jr Potter StewartByron White Abe FortasCase opinionsPluralityBrennan joined by Warren FortasConcurrenceBlack joined by StewartConcurrenceDouglasDissentClarkDissentHarlanDissentWhiteLaws appliedU S Const amend ISince the Roth ruling to be declared obscene a work of literature had to be proven by censors to 1 appeal to prurient interest 2 be patently offensive and 3 have no redeeming social value The book in question in this case was Fanny Hill or Memoirs of a Woman of Pleasure 1749 by John Cleland and the Court held in Memoirs v Massachusetts that while it might fit the first two criteria it appealed to prurient interest and was patently offensive it could not be proven that Fanny Hill had no redeeming social value The judgment favoring the plaintiff continued that it could still be held obscene under certain circumstances for instance if it were marketed solely for its prurient appeal Memoirs v Massachusetts led to more years of debate about what was and was not obscene and the conferring of more power in these matters to proposers of local community standards Contents 1 See also 2 Further reading 3 References 4 External linksSee also edit nbsp Freedom of speech portalBanned in Boston List of United States Supreme Court cases volume 383Further reading editScott Joseph E Eitle David J Skovron Sandra Evans 1990 Obscenity and the law Is it possible for a jury to apply contemporary community standards in determining obscenity Law and Human Behavior 14 2 139 150 doi 10 1007 BF01062969 S2CID 145189559 References editExternal links edit nbsp Works related to Memoirs v Massachusetts at Wikisource Text of Memoirs v Massachusetts 383 U S 413 1966 is available from Findlaw Justia Library of Congress Oyez oral argument audio nbsp This article related to the Supreme Court of the United States is a stub You can help Wikipedia by expanding it vte Retrieved from https en wikipedia org w index php title Memoirs v Massachusetts amp oldid 1175146644, wikipedia, wiki, book, books, library,
