...later decisions have rejected it and substituted this test: whether to the average person, applying contemporary community standards, the dominant theme...taken as a whole appeals to prurient interest. The Hicklin test, judging obscenity by the effect of isolated passages upon the most susceptible persons,...

...adequate to withstand the charge of constitutional infirmity, is whether, to the average person, applying contemporary community standards, the dominant theme...material, taken as a whole, appeals to prurient interest. Pp. 488-489. (d) In these cases, both trial courts sufficiently followed the proper standard and used...

...later decisions have rejected it and substituted this test : whether to the average person, applying contemporary community standards, the dominant theme...the material taken as a whole appeals to prurient interest.26 The Hicklin test, judging obscenity by the effect of isolated passages upon the most susceptible...

...later decisions have rejected it and substituted this test: whether to the average person, applying contemporary community standards, the dominant theme...the material taken as a whole appeals to prurient interest.28 The Hicklin test, judging obscenity by the effect of isolated passages upon the most susceptible...

...the principle stated by the Supreme Court (June 24, 1957) "whether to the average person, applying contemporary community standards, the dominant theme...the material taken as a whole appeals to prurient interests." To bring about such a wholesome change, and to insure opportunity for jurv decisions to...

...appealing to prurient interest" ; it held that the test is "whether to the average person, applying contemporary community standards, the dominant theme...material taken as a whole appeals to prurient interest." This definition and test appears broad enough to satisfy anyone interested in stopping "hard core"...

...the first amendment. That the test of obscenity should be whether, "to the average person, applying contemporary community standards, the dominant theme...material taken as a whole appeals to prurient interest." (Prurient interest is defined as lewd or lascivious desire.) "We are mainly interested," Erbe said,...

...the definition must be applied in the following statement : whether to the average person, applying contemporary community standards, the dominant theme...material taken as a whole appeals to prurient interest. (354 US 476 (1957), 489.) This formula expressly provides for the consideration of community standards....

...antiobscenity laws. The test which the Court approved is: "whether to the average person, applying contemporary community standards, the dominant theme...the material taken as a whole appeals to prurient interests." The American Law Institute's tentative draft, section 207.10, Model Penal Code, defines...

...Supreme Court in the Roth case in 1957, used this definition: "Whether to the average person, applying contemporary community standards, the dominant theme...material taken as a whole appeals to prurient interest." This is approximately the definition, Senator, that you have incorporated in the amendment which you...