Corrections/Police - Miscellaneous: "What Constitutes Term Paper

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Hicklin, a Victorian-era case in which the British court suppressed a lewd pamphlet as a way to protect 'those whose minds are open to such immoral influences and into whose hands a publication of this sort may fall'" (p. 45).

Conclusion

The research showed that there has been increasing attention paid to what is considered legally obscene over the past century and a half, and many of the same factors that controlled the court's decision in the 19th century were incorporated into the controlling precedents set down in the 20th century. The research also showed that simply defining what is legally obscene has been a challenging enterprise because of the standard established in the Roth case concerning how the "average person" would consider such works. In the Age of Information where citizens are bombarded with increasingly lurid images on television and other popular mainstream media, together with the explosive growth in online resources in recent years, these legal standards will undoubtedly continue to try to adapt to these changing social forces as well. While it might not stand up in court, in the final analysis, it would be reasonable to assert that what could be regarded as "obscene" would involve choice.

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In Holland and Japan, pornographic materials that would likely be outlawed in the Midwest are offered right next to mainstream newspapers on the street, but people who do not want to view such materials simply do not purchase them and they are not considered "obscene." Something is obscene when an individual's choice is taken away. When people are forced to view, listen to, or otherwise subject themselves to something they do not want to endure, it could be considered obscene. Therefore, if someone has a choice, then it is not obscene.

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