ROTH V. UNITED STATES

A man in New York by the of name Samuel Roth was taken to the supreme court for sending obscene material through the mail and the government has charge him with a felony offense.

Roth's case was combined with a case from California where another man was charged with the same offense of selling lewd and obscene material through their bookstores.

This court case took roughly three months to settle. This argument included the first, ninth, and tenth amendments, and the use of the mailing system to send obscene materials. The lawyers argued that congress and the government didn't have the power to charge Roth because the ninth, and tenth amendments give the power to the states to charge people with an offense if they so choose .

In a 6-3. Decision, (written by Justice William J. Brennan, JR.) the court held that obscenity was not "within the area of the constitution protected by speech or press." The court also noted that the first amendment was not intended to protect every utterance or form of expression such as materials that were "utterly without redeeming social importance."

The court also held that the test to determine obscenity was " whether to the average person, applying contempary standards the dominant theme of the material taken as a whole appeals to prurient interest."

Justice William J. Brennan JR. Later reversed his position on this issue in 1973 during the Miller v. California case.

OPINION

SOURCES

• www.oyez.org/cases/1950-1959/1956/1956_582