Roth v. United States (1957) is an important Supreme Court case that has had far reaching implications on First Amendment law. This landmark decision set the standard of obscenity in relation to the First Amendment, and ultimately ruled that obscene publications are not protected by the right to free speech.
Background of Roth v. United States (1957)
In the 1950s, the U.S. government took action against two business partners – Samuel Roth and SM Jacobellis – who were distributing literary and artistic works that the government contended were obscene. This prompted the case to be argued in front of the Supreme Court, which ultimately ruled in favor of the U.S. Government.
The Court established a three-prong test to determine whether or not certain works were obscene. This test, known as the “Miller test,” established that a work must be (1) prurient; (2) patently offensive; and (3) lacking in artistic value in order to be deemed obscene.
Impact of Roth v. United States (1957)
Roth v. United States (1957) has had a great impact on First Amendment law. This Supreme Court case essentially set the standard for determining what is considered obscene. In the modern era, this decision is used by policy makers, legislators, and members of the legal community to determine the acceptability of certain works that could be considered offensive to some people.
Additionally, this case has had a lasting impact on the film, television, art, and media industries as a whole. Content creators must be aware of the Miller test and its implications in order to ensure that any material produced avoids obscenity.
Conclusion
Roth v. United States (1957) is an important Supreme Court decision that set the standard of obscenity in relation to the First Amendment. This case has implications for the legal community, content creators, and policy makers alike, and has had a lasting impact on the film, television, art and media industries. As a result, it is important for everyone to be aware of this landmark decision and its implications.