Roth v. United States - Significance, Supreme Court Defines Obscenity, Further Readings

appellant appellee decision justices

Appellant

Samuel Roth

Appellee

United States

Appellant's Claim

That publication of "obscene" material is protected by the First Amendment.

Chief Lawyers for Appellant

David von G. Albrecht and O. John Rogge

Chief Lawyer for Appellee

Roger D. Fisher

Justices for the Court

William J. Brennan, Jr. (writing for the Court), Harold Burton, Tom C. Clark, Felix Frankfurter, Earl Warren, Charles Evans Whittaker

Justices Dissenting

Hugo Lafayette Black, William O. Douglas, John Marshall Harlan II

Place

Washington, D.C.

Date of Decision

24 June 1957

Decision

The Supreme Court upheld both state and federal laws punishing the sale and distribution of publications of material judged to be obscene or indecent.

Related Cases

Near v. Minnesota, 283 U.S. 697 (1931).
Memoirs v. Massachusetts 383 U.S. 413 (1966).
Miller v. California, 413 U.S. 15 (1973).
Paris Adult Theater v. Slaton District Attorney, 413 U.S. 49 (1973).

Additional Topics

Roth v. United States - Significance

In Roth, the Supreme Court for the first time defined obscenity, which it described in terms of the First Amendment. Samuel Roth ran a business in New York City that published and sold books, magazines, and photographs. He advertised his wares in circulars and other advertisements which he mailed to potential customers. He was convicted in federal district court of mailing obscene material in viol…

Roth v. United States - Supreme Court Defines Obscenity

Justice Brennan began his opinion for the Court by noting that as far back as the colonial period, certain types of speech, including libel, blasphemy, and profanity, had been deemed unlawful. Based on his survey, Brennan initially concluded: "In light of this history, it is apparent that the unconditional phrasing of the First Amendment was not intended to protect every utterance." Obscenity, Bre…

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