While reaffirming that obscene material is not protected by the First Amendment in these two simultaneous rulings, the Supreme Court for the first time defined obscenity narrowly and put strict limits on the kinds of obscenity that may be proscribed by either federal or state laws.
A man named Samuel Roth conducted a New York business that published and sold books, magazines, and photographs. The federal government’s Comstock statute made it a crime to send through the U.S. mail publications that are “obscene, lewd, lascivious, or filthy” or “of an indecent character.” Roth was found guilty in district court for violating four counts of the statute. At the same time, David Alberts was convicted under a California statute that criminalized the advertising of “obscene or indecent” materials. When Roth and Alberts each petitioned the U.S. Supreme Court for review, the Court accepted both cases and consolidated them into one decision. The major issue was whether the state stututes, as interpreted, were consistent with the First Amendment’s freedom of speech and press.
Historically, both the federal and state governments had long criminalized most forms of pornography; time and again the Supreme Court had consistently endorsed such laws as a reasonable means to promote the state’s legitimate interest in “decency.” Between 1842 and 1956, the U.S. Congress
The Court voted six to three to uphold Roth’s federal conviction and seven to two to uphold Alberts’s conviction under California law. Writing for the majority, Justice William J. Brennan
Two liberal members of the Court, Justices William O. Douglas
The Roth/Alberts decision was a major landmark case for four reasons. First, it established a new precedent of restricting government’s prerogative to criminalize obscene or indecent materials. Secondly, it proposed a narrow definition of obscenity. Thirdly, Roth/Alberts declared that all ideas were protected unless they were “utterly without redeeming social importance.” Finally, it explicitly rejected the Hicklin test, thus making it much more difficult for prosecutors to obtain criminal convictions. In post-Roth cases, the Court would often be divided over whether the First Amendment protects a right to traffic in indecent or obscene materials--even more over how these subjective terms should be defined. The Court’s majority of would eventually agree to accept the compromises found in Miller v. California
New York v. Ferber
Obscenity and pornography
Speech and press, freedom of