Obscene Literature And Constitutional Law a Forensic Defense of Freedom of Th
Obscene Literature And Constitutional Law a Forensic Defense of Freedom of Th
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To quickly assess the difficulty of the text, read a short excerpt:
S. 811.
VARIETIES OF OFFICIAL MODESTY.
Tests of obscenity were never deduced from the statutes, but read into them. The decisions express only ex post facto legislative judgments as to what was believed ought to be the result as applied to the facts of each given case. The un- certain statutes furnish the pretext, and the judicial legislation creating equally uncertain "tests" of obscenity furnishes the unconstitutional means by which the emotionally demanded result is attained and "justified. ..." These miscalled "tests" are the mere empty verbalisms by which judges attempt to objectivize their emotional pre-disposition, and they are con- sidered cogent only because responding to the prior feeling- conviction which called them into being. The "tests of obscenity" are seldom the real reason for the decision, but are a misleading consequence of it. Our emotions, and the public demand that something be done, produce that uncon- scious shamming, to consumate which meretricious and factious "tests of obscenity" are judicially and unconstitution- ally created and interpolated into the statute.
What to read after Obscene Literature And Constitutional Law a Forensic Defense of Freedom of Th?
You can find similar books in the "Read Also" column, or choose other free books by Theodore Albert Schroeder to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
S. 811.
VARIETIES OF OFFICIAL MODESTY.
Tests of obscenity were never deduced from the statutes, but read into them. The decisions express only ex post facto legislative judgments as to what was believed ought to be the result as applied to the facts of each given case. The un- certain statutes furnish the pretext, and the judicial legislation creating equally uncertain "tests" of obscenity furnishes the unconstitutional means by which the emotionally demanded result is attained and "justified. ..." These miscalled "tests" are the mere empty verbalisms by which judges attempt to objectivize their emotional pre-disposition, and they are con- sidered cogent only because responding to the prior feeling- conviction which called them into being. The "tests of obscenity" are seldom the real reason for the decision, but are a misleading consequence of it. Our emotions, and the public demand that something be done, produce that uncon- scious shamming, to consumate which meretricious and factious "tests of obscenity" are judicially and unconstitution- ally created and interpolated into the statute.
What to read after Obscene Literature And Constitutional Law a Forensic Defense of Freedom of Th?
You can find similar books in the "Read Also" column, or choose other free books by Theodore Albert Schroeder to read onlineMoreLess
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