The Texas Tech University School of Law Digital Repository

Obscenity: An Outdated Concept for the Twenty-First Century

Show full item record

Title: Obscenity: An Outdated Concept for the Twenty-First Century
Author: Loewy, Arnold H.
Abstract: In the pages that follow, this essay argues that the Court should take the opportunity to travel the path not taken in Miller v. California and hold that there is no such thing as obscenity. Instead, all speech is protected. To the extent that sexually explicit speech may sometimes cause harm because of its manner of dissemination, case law that has developed since Miller is more than adequate to deal with that harm. Consequently, whatever utility Miller once had in preventing social harms is no longer present. Further, Miller has long been antithetical to sound First Amendment theory. Therefore, it should be overruled.
Related Resources: Click to follow Hein Online link Click to follow Lexis link Click to follow Westlaw link
Date: 2005

Files in this item

Files Size Format View
Loewy Obscenity 2005.pdf 540.3Kb PDF View/Open

This item appears in the following Collection(s)

Show full item record

Search ScHOLAR


My Account