| David Dyzenhaus, Arthur Ripstein - 2001 - 1086 sider
...provisions was based on the test formulated by Cockburn, CJ in R v Hicklin (1868), LR 3 QB 360: I think the test of obscenity is this, whether the tendency...into whose hands a publication of this sort may fall. (At p. 371) The focus on the "corruption of morals" in the earlier legislation grew out of the English... | |
| Nancy Day - 2001 - 120 sider
...English court in the 1868 case Regina v. Hicklin. The court defined obscenity as that which tended "to deprave and corrupt those whose minds are open...whose hands a publication of this sort may fall." This definition came to be known as the Hicklin test. It was a landmark decision because it allowed,... | |
| Henry Schofield - 2002 - 1070 sider
...242; State v. McKee, 73 Conn., 18; State ». Van Wye, 136 Mo., 227; State ». Warren, 113 NC, 683. matter charged as obscenity is to deprave and corrupt...whose hands a publication of this sort may fall." 29 The test may be open to fair criticism as being too subjective in point of form, offensive to Americans... | |
| Paul S. Boyer - 2002 - 521 sider
...suppression of any work considered morally repugnant. The "test" of obscenity, Cockburn had declared, was "whether the tendency of the matter charged as obscenity...deprave and corrupt those whose minds are open to immoral influences and into whose hands a publication of this sort may fall."57 As the Victorian era... | |
| Christopher Jon Nowlin - 2003 - 312 sider
...formulation states that "the test of obscenity is this, whether the tendency of the matter charged as obscene is to deprave and corrupt those whose minds are open...whose hands a publication of this sort may fall": R. v. Hicklin, at 369. 6 United States v. Harmon, at 417-18. 7 People v. Eastman, at 463. 8 People... | |
| Amy Villarejo - 2003 - 254 sider
...common law rule, "the test of obscenity is this, whether the tendency of the matter charged as obscene is to deprave and corrupt those whose minds are open...into whose hands a publication of this sort may fall" (Regina v. Hicklin). The test, according to the Gathings Committee Report, applied "to the passages... | |
| Nan Levinson - 2003 - 388 sider
...an 1868 English case that focused on the effect of sexual material: specifically, whether it tended "to deprave and corrupt those whose minds are open...into whose hands a publication of this sort may fall" — that is, the lower classes. (This posed a problem to our American pretense of being a classless... | |
| Bertrand Russell - 2003 - 796 sider
...Justice Cockburn in 1868, is "whether the tendency of the matter charged as obscenity is to deprave or corrupt those whose minds are open to such immoral...influences and into whose hands a publication of this sort might fall". This means, in practice, that any publication is legally obscene if it happens to shock... | |
| Jean Bobby Noble - 2010 - 225 sider
...the "flock" it is supposedly authorized to watch over. Judge Biron interprets his task as follows: "the test of obscenity is this, whether the tendency...into whose hands a publication of this sort may fall" ("Judgement," 2). Moreover, Judge Biron reacts strongly to how The Well constructs those who, like... | |
| Marita Sturken, Douglas Thomas, Sandra Ball-Rokeach - 2004 - 388 sider
...comes from Victorian England's Lord Chief Justice Cockburn, who ruled in 1868 (Regina v. Hicklin) that, "the test of obscenity is this: whether the tendency...whose hands a publication of this sort may fall." 19 Just a few years later, in the United States, Anthony Comstock successfully lobbied for the passage... | |
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