The Fight for Free Speech
(Speech Critique) It may seem as if free speech and expression is a simple concept to understand, but it becomes difficult to draw a line when obscenity is present. Obscene documents are not easy to detect. There were times where many forms of free speech were considered obscene by the Supreme Court. The only way to determine whether material was obscene or not was by the Comstock Act. A variety of victims of the Comstock Act tried to write what they thought would help the society, but they were prosecuted for distributing obscene information. Edward Bliss Foote and Edward Bond Foote sought out to change the unfair law.
The Struggle for Free Speech in the United States, 1872-1915: Edward Bliss Foote, Edward Bond Foote, and Anti-Comstock Operations discusses free speech and the fight against the Comstock Act. During that time period, courts opposed free speech and considered many …show more content…
Now, material must go through a series of test to be considered obscene. The Roth-Memoirs Test saw that most publications that contained sex was not obscene. The court ruled many works as free speech because justices on the Supreme Court could not agree on a definition for obscenity (Hopkins 79). Although the test was a step up, it was not what Foote Sr. had in mind. Wood explained, “Foote Sr. acknowledged the need for laws against obscene materials but took strong exception to how the Comstock Laws were applied” (110). The Comstock Act took away too much freedom, and the Ruth-Memoirs Test allowed too much freedom. The Foote’s stressed how society needed to be aware of the various issues “such as birth control, free love, and free thought” (110). Today, the three-part Miller’s Test in in effect for judging speech as obscene. As Hopkins states, “It requires that sexual expression be judged according to the average persons – not particularly susceptible and sensitive persons or totally insensitive persons”
(Speech Critique) It may seem as if free speech and expression is a simple concept to understand, but it becomes difficult to draw a line when obscenity is present. Obscene documents are not easy to detect. There were times where many forms of free speech were considered obscene by the Supreme Court. The only way to determine whether material was obscene or not was by the Comstock Act. A variety of victims of the Comstock Act tried to write what they thought would help the society, but they were prosecuted for distributing obscene information. Edward Bliss Foote and Edward Bond Foote sought out to change the unfair law.
The Struggle for Free Speech in the United States, 1872-1915: Edward Bliss Foote, Edward Bond Foote, and Anti-Comstock Operations discusses free speech and the fight against the Comstock Act. During that time period, courts opposed free speech and considered many …show more content…
Now, material must go through a series of test to be considered obscene. The Roth-Memoirs Test saw that most publications that contained sex was not obscene. The court ruled many works as free speech because justices on the Supreme Court could not agree on a definition for obscenity (Hopkins 79). Although the test was a step up, it was not what Foote Sr. had in mind. Wood explained, “Foote Sr. acknowledged the need for laws against obscene materials but took strong exception to how the Comstock Laws were applied” (110). The Comstock Act took away too much freedom, and the Ruth-Memoirs Test allowed too much freedom. The Foote’s stressed how society needed to be aware of the various issues “such as birth control, free love, and free thought” (110). Today, the three-part Miller’s Test in in effect for judging speech as obscene. As Hopkins states, “It requires that sexual expression be judged according to the average persons – not particularly susceptible and sensitive persons or totally insensitive persons”