ROTH V. UNITED STATES
354 U.S. 476 (1957)
NATURE OF THE CASE: These cases decide the validity of federal and state obscenity laws.
FACTS: In the Roth case, the constitutionality of 18 U.S.C. 1461, which makes
punishable the mailing of material that is 'obscene, lewd, lascivious, or filthy . . . or
other publication of an indecent character,' and Roth's conviction there under for mailing
an obscene book and obscene circulars and advertising, was at issue. In the Alberts case,
the constitutionality of 311 of West's California Penal Code Ann., 1955, which makes it a
misdemeanor to keep for sale, or to advertise, material that is 'obscene or indecent,' and
Alberts' conviction there under for lewdly keeping for sale obscene and indecent books and
for writing, composing, and publishing an obscene advertisement of them, was disputed. Roth,
a New York publisher and seller, was convicted of mailing obscene advertising and an obscene
book in violation of a federal statute barring the mailing of 'obscenity.' Alberts, engaged
in the mail order business, was convicted under a California law for 'lewdly keeping for
sale obscene and indecent books' and 'publishing an obscene advertisement of them.' In Roth,
the trial judge instructed the jury: 'The words `obscene, lewd and lascivious' as used in
the law, signify that form of immorality which has relation to sexual impurity and has a
tendency to excite lustful thoughts.' In Alberts, the trial judge applied the test whether
the material has 'a substantial tendency to deprave or corrupt its readers by inciting
lascivious thoughts or arousing lustful desires.'
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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