ABSTRACT

In a world which is a massive crucible of questioning and change, where critical issues of poverty, war, disease and discrimination scream for solution, it is a peculiar phenomenon that the laws relating to obscenity have suddenly jumped into sharp focus in the eyes of both the public and the legal profession. The emotional basis for this reaction may be obscure to those resilient few who adjust to change readily or who have early in life adopted a live-and-let-live philosophy. But to the great majority of others, who have been taught that proper conduct is largely governed by a certain number of “absolutes,” the battle is very real. Roth set forth a formula—a formula which was an earnest and thoughtful attempt to give guidelines in a highly confused and politically sensitive area. The legal result is that cases of alleged obscenity are extremely difficult to prosecute, to defend and to preside over, and the cost to the taxpayers is huge.