Roth test for obscenity
E552709
The Roth test for obscenity is a legal standard established by the U.S. Supreme Court to determine whether material is obscene and therefore not protected by the First Amendment.
Statements (30)
| Predicate | Object |
|---|---|
| instanceOf |
legal test
ⓘ
obscenity standard ⓘ |
| appliesTo |
books
ⓘ
magazines ⓘ obscenity ⓘ other expressive materials ⓘ |
| basedOnDecision | Roth v. United States NERFINISHED ⓘ |
| consequenceOfFindingObscene | material not protected by the First Amendment ⓘ |
| decidingCourt | Supreme Court of the United States NERFINISHED ⓘ |
| defines | when material is legally obscene ⓘ |
| focusesOn |
whether material is utterly without redeeming social importance
ⓘ
whether the average person would find the dominant theme appeals to prurient interest ⓘ |
| historicalSignificance | first modern Supreme Court attempt to define obscenity under the First Amendment ⓘ |
| influencedBy | earlier common law obscenity doctrines ⓘ |
| jurisdiction |
United States of America
ⓘ
surface form:
United States
|
| legalArea |
freedom of speech
ⓘ
freedom of the press ⓘ |
| legalSystem | United States constitutional law NERFINISHED ⓘ |
| partiallyOverruledBy | Miller v. California NERFINISHED ⓘ |
| predecessorOf | Miller test for obscenity NERFINISHED ⓘ |
| relatedConcept |
obscene material
ⓘ
prurient interest ⓘ redeeming social importance ⓘ |
| relatedToAmendment | First Amendment to the United States Constitution NERFINISHED ⓘ |
| replacedBy | Miller test NERFINISHED ⓘ |
| standardType | national standard ⓘ |
| status | superseded standard ⓘ |
| stillCitedFor | historical development of obscenity law in the United States ⓘ |
| usedInCase | Roth v. United States, 354 U.S. 476 (1957) NERFINISHED ⓘ |
| yearEstablished | 1957 ⓘ |
Referenced by (1)
Full triples — surface form annotated when it differs from this entity's canonical label.