Obscenity Rules : Roth v. United States and the Long Struggle over Sexual Expression - Whitney Strub

Obscenity Rules

Roth v. United States and the Long Struggle over Sexual Expression

By: Whitney Strub

Hardcover | 24 September 2013

At a Glance

Hardcover


$141.87

or 4 interest-free payments of $35.47 with

 or 

Aims to ship in 7 to 10 business days

When will this arrive by?
Enter delivery postcode to estimate

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 liberalising 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.
Industry Reviews

"Strub elucidates the duplicity and paradoxes in attitudes toward sexuality in the United States by examining the ups and downs of related law. Highly recommended to those interested in free speech and obscenity, as well as to those interested in publishing, law, and culture, and the U.S. Supreme Court."—Library Journal

"Whitney Strub offers a valuable and insightful analysis of the Roth case and the evolution of American obscenity doctrine. It is thorough, written with his usual flair, and thoughtful. In sum, this is an impressive book that makes a significant contribution to the literature."—Journal of American Studies

"Strub combines a sweeping review of American history with the richness of biography and insightful analysis. He offers a deep and subtle understanding of the most significant Supreme Court case on obscenity, as well as a profound commentary on the complex, contradictory sexual politics of the decades since World War II."—John D'Emilio, coauthor of Intimate Matters: A History of Sexuality in America

"An important and meticulously researched study of the pivotal case in the Supreme Court's anguished attempts to balance the right of people to read, see, and hear what they wish against society's interest in protecting itself."—Laura Wittern-Keller, coauthor of The Miracle Case: Film Censorship and the Supreme Court

"A first-rate cultural history and an important contribution to understanding the unsteady course of First and Fourth Amendment freedoms in the United States."—Jay A. Gertzman, author of Samuel Roth, Infamous Modernist

More in Legal Skills & Practice

Principles of Administrative Law : 4th Edition - Leighton McDonald

RRP $151.95

$124.90

18%
OFF
Parker and Evans's Inside Lawyers' Ethics : 4th Edition - Francesca  Bartlett
Practical Legal Skills : 5th edition - Ross Hyams

RRP $75.95

$66.75

12%
OFF
Researching and Writing in Law : 4th Edition - Terry Hutchinson

RRP $150.00

$123.50

18%
OFF
Statutory Interpretation : 2nd edition - Michelle Sanson

RRP $99.95

$85.90

14%
OFF
Connecting with Law 5e and Statutory Interpretation 2e Value Pack - Michelle Sanson
Modern Statutory Interpretation : Framework, Principles and Practice - Jeffrey Barnes
A Legal History for Australia - Sarah McKibbin

RRP $69.99

$55.35

21%
OFF
Advocacy : An Introduction - J. Curthoys

RRP $121.00

$98.90

18%
OFF
Context and Method in Australian Law : 2nd Edition - Russell Hinchy

RRP $145.00

$119.75

17%
OFF
Cases for Principles of Administrative Law : 4th Edition - Leighton McDonald
A Practical Guide to Legal Research : 5th Edition - Drossos Stamboulakis

RRP $128.00

$102.50

20%
OFF
Nemes and Coss' Effective Legal Research : 8th edition - Bruce Bott
Civil Procedure : 4th Edition - Nutshell - Bridget Cullen

RRP $45.00

$37.25

17%
OFF
Legal Institutions and Methods : 2nd Edition - Anita Mackay

RRP $129.00

$107.75

16%
OFF
Clear and Precise Writing Skills for Today's Lawyers : 4th Edition - Narrelle Morris
Lawyers: Roles, Skills and Responsibilities : 3rd Edition - Lise Barry
The Outback Court Reporter - Jamelle Wells

RRP $34.99

$31.75

Essential Legal Skills: A Guide for First Year Law Students - Samantha Kontra
Studies in Law : Third Edition - Donald Gordon

RRP $87.00

$67.35

23%
OFF