Cover image for Pornography on trial : a handbook with cases, laws, and documents
Pornography on trial : a handbook with cases, laws, and documents
Mackey, Thomas C., 1956-
Personal Author:
Publication Information:
Santa Barbara, Calif. : ABC-CLIO, [2002]

Physical Description:
xv, 335 pages ; 24 cm.
Introduction -- Historical background -- Cases -- Impact and legacy -- Documents -- Key people, laws, and concepts -- Chronology -- Table of cases -- Annotated bibliography.
Format :


Call Number
Material Type
Home Location
Item Holds
KF9444.A7 M33 2002 Adult Non-Fiction Non-Fiction Area

On Order



A survey of the changing and charged relationship between pornography and legislation in 20th century America.

* Four narrative chapters discuss pornography in historical context from the founding of the United States

* Includes a documents section with court cases, statutes, law reviews, and historical journal articles as well as a chronology of the development of free speech law

Author Notes

Thomas C. Mackey is associate professor and chair of the History Department at the University of Louisville, Louisville, KY.

Reviews 1

Booklist Review

These entries in the On Trial series are about equally divided between narrative discussion and documents. Researchers will also find a chronology; an A^-Z listing of significant people, laws, and concepts; and an annotated bibliography in each volume.

Table of Contents

Series Forewordp. ix
Prefacep. xiii
Part 1
1 Introductionp. 3
Pornography as Sex, Sex as Pornographyp. 4
Individual Rights versus Communal Responsibilityp. 6
The Effect of Rights Consciousnessp. 7
References and Further Readingp. 11
2 Historical Backgroundp. 13
Control of Objectionable Materials under British Common Lawp. 14
The Hicklin Testp. 18
Control of Objectionable Materials in the United Statesp. 20
Conclusionp. 34
References and Further Readingp. 35
3 Casesp. 37
Speech, Press, and the Incorporation Doctrine: A Reviewp. 39
Cultural and Legal Liberalismp. 43
Litigating Obscenity from 1942 to 1974p. 48
Litigating Obscenity from 1974 to the Presentp. 83
Conclusionp. 115
References and Further Readingp. 115
4 Impact and Legacyp. 119
Conclusionp. 124
Part 2 Documentsp. 129
Commonwealth v. Sharpless (1815)p. 129
Commonwealth v. Holmes (1821)p. 131
Regina v. Hicklin (1868)p. 134
Ex Parte Jackson (1877)p. 137
United States v. Bennett (1879)p. 139
Rosen v. United States (1896)p. 146
Swearingen v. United States (1896)p. 149
United States v. Kennerley (1913)p. 151
United States v. One Book Called "Ulysses" (1933)p. 154
United States v. One Book Entitled Ulysses by James Joyce (1934)p. 157
United States v. Levine (1936)p. 163
Butler v. Michigan (1957)p. 166
Kingsley Books v. Brown (1957)p. 168
Roth v. United States and Alberts v. California (1957)p. 172
Manual Enterprises v. Day (1962)p. 181
Jacobellis v. Ohio (1964)p. 187
Memoirs v. Massachusetts (1966)p. 194
Ginsberg v. New York (1968)p. 197
Stanley v. Georgia (1969)p. 203
United States v. Reidel (1971)p. 206
United States v. Thirty-Seven Photographs (1971)p. 209
Miller v. California (1973)p. 211
Paris Adult Theatre I v. Slaton (1973)p. 218
Jenkins v. Georgia (1974)p. 227
Young v. American Mini Theatres (1976)p. 231
Federal Communications Commission v. Pacifica Foundation (1978)p. 235
American Booksellers Association v. Hudnut (1985)p. 244
City of Renton v. Playtime Theatres (1986)p. 249
Sable Communications v. Federal Communications Commission (1989)p. 256
Denver Area Educational Telecommunications Consortium v. Federal Communications Commission (1996)p. 262
Reno v. American Civil Liberties Union (1997)p. 269
United States v. Playboy Entertainment Group (2000)p. 279
Key People, Laws, and Conceptsp. 291
Chronologyp. 309
Table of Casesp. 313
Annotated Bibliographyp. 317
Indexp. 323
About the Authorp. 335