An examination of the landmark 1957 Supreme Court case Roth v. United States, which for the first time attempted to define what constitutes obscenity in American life and law. Explores this problematic ruling within the broad sweep of American social and legal history.

For some, he was “America’s leading smut king,” hauled into court repeatedly over thirty years for peddling obscene publications through the mail. But when Samuel Roth appealed a 1956 conviction, he forced the Supreme Court to finally come to grips with a problem that had plagued both American society and constitutional law for longer than he had been in business. For while the facts of Roth v. United States were unexceptional, its constitutional issues would define the relationship of obscenity to the First Amendment. The Supreme Court’s 6–3 decision in Roth for the first time tried to definitively rule on the issue of obscenity in American life and law—and failed. In this first book-length examination of the case, Whitney Strub lays out the history of obscenity’s meaning as a legal concept, highlights the influence of antivice crusaders like Anthony Comstock and John Sumner, and chronicles the shadowy career that led Roth to spend nearly a decade of his life imprisoned for the allegedly obscene materials that he sent through the mails. Strub then unwraps the events that produced Roth v. United States, placing the trial in the context of its times—the Kinsey Reports, the Kefauver hearings, free speech debates—by using Roth’s own private papers along with the records of the various prosecutions and the memos of the justices. The significance of Roth, as Strub reveals, lay in the two faces of Justice William Brennan’s majority opinion—which on the one hand reflected the liberalizing attitude toward sexual matters in mid-century America, but on the other kept “obscene” expressions beyond First Amendment protection. Because that ruling points up the contradictions of a society where the prurient and repressive commingle uncomfortably, Strub shows how Roth says much more about American sexual values than Brennan’s written words necessarily acknowledged. In our era of internet pornography and Fifty Shades of Grey, it may be difficult to imagine a time when obscenity was a matter for the courts. As Strub tracks the legacy of Roth and obscenity law through the ongoing policing of acceptable sexuality into the twenty-first century, his riveting narrative brings those times to life and helps readers navigate the fine line between what is socially acceptable and what is criminally obscene.

From the Publisher: The law of obscenity has evolved considerably since the first cases appeared in the courts. Most of these legal changes are the direct result of shifts in industry and cultural standards. The advent of the computer has presented new and novel issues to be addressed, as it is a difficult medium to monitor and control. In this legal almanac, Margaret C. Jasper explores all of the laws surrounding obscenity and pornography. This second edition outlines the evolution of the relevant case law, including constitutional considerations and the various tests that the U.S. Supreme Court has devised to balance the regulation of obscenity and the First Amendment right to free expression. The author also discusses the status of the current law, including the most recent legislation affecting materials available through the Internet and various on-line services, and the government's attempt to restrict material that is harmful to minors. New tools designed to help parents who are concerned about the availability of harmful subject matter in the media, including program blocking devices and ratings systems developed by the motion picture, television, music and videogame industries are also addressed. Related issues, such as child pornography, the relationship between pornography and violence along with the regulation of broadcast media by the Federal Communications Commission (FCC) are included. A thorough Appendix provides resource directories, applicable statutes, and other pertinent information and data. The Glossary contains definitions of terms used throughout the almanac.

Obscenity is not protected by the First Amendment and therefore may be banned. Other pornography or indecency may be regulated to serve compelling government interest provided that the least restrictive means available is used. Contents: Summary; Constitutional Principles; Federal Obscenity and Indecency Statues; Cable Television; The Communications Decency Act of 1996; Child Online Protection Act; Child Internet Protection Act; RICO; Wiretaps; The Customs Service Provision; Index.