What is the Hicklin rule?

The Hicklin Test permitted a conviction for purveyors of obscenity if a publication had a mere tendency to arouse lustful thoughts in the minds of the most susceptible, usually youthful, readers.

What is the Hicklin rule quizlet?

Definition. 1 / 18. ● Hicklin Rule: The test of obscenity is whether the tendency of the matter charged as obscenity is to deprave and corrupt those whose minds are open to such immoral influences and into whose hands a publication of this sort may fall.

What are the 3 tests for obscenity?

The three-part test asked whether the average person, applying contemporary community standards, would find the work appeals on the whole to prurient interests; describes sexual conduct in a patently offensive way; and lacks any serious literary, artistic, political or scientific value.

Which of the following section is related to the Hicklin rule?

The Hicklin test, as articulated in a case from the United Kingdom, Queen v. Hicklin, was found to be a valid test for determining what constitutes obscenity. Under this standard, Lady Chatterley's Lover was determined to be obscene, and persons selling the book could be punished under section 292.

What did the Supreme Court rule on obscenity?

Miller v. California, 413 U.S. 15 (1973), was a landmark decision of the U.S. Supreme Court modifying its definition of obscenity from that of "utterly without socially redeeming value" to that which lacks "serious literary, artistic, political, or scientific value".

What are obscenity laws in India | Hicklin test | UPSC, PCS | In Hindi | Let's Crack It

Is obscenity still a crime?

Obscenity is not protected under First Amendment rights to free speech, and violations of federal obscenity laws are criminal offenses. The U.S. courts use a three-pronged test, commonly referred to as the Miller test, to determine if given material is obscene.

Is obscenity still illegal?

Any material that satisfies this three-pronged test may be found obscene. Federal law prohibits the possession with intent to sell or distribute obscenity, to send, ship, or receive obscenity, to import obscenity, and to transport obscenity across state borders for purposes of distribution.

How is Hicklin Test done?

The Hicklin Test was laid down by the Queen's Bench in Regina v. Hicklin. The test of obscenity is whether the tendency of the matter charged as obscenity is to deprave and corrupt those whose minds are open to such immoral influences and into whose hands a publication of this sort may fall.

What is Hicklin Test under Article 19 2?

The Hicklin test is a legal test for obscenity established by the English case Regina v Hicklin (1868). At issue was the statutory interpretation of the word "obscene" in the Obscene Publications Act 1857, which authorized the destruction of obscene books.

Which of the following cases the Supreme Court applied the Hicklin Test to test the level of obscenity?

The Hicklin's test was laid down in English law in the case of Regina v. Hicklin. On Application of Hicklin's test, a publication can be judged for obscenity based on the isolated part of the work considered out of the context.

What is Hicklin obscenity test?

landmark definition of obscenity (Regina v. Hicklin, 1868), in which he stated the test of obscenity as, “whether the tendency of the matter charged as obscenity is to deprave and corrupt those whose minds are open to such influences, and into whose hands a publication of this sort may…

What are the laws of obscenity?

Section 294 of the Indian Penal Code (IPC) punishes obscene acts or words in a public place. To be considered a crime, the obscenity must cause “annoyance to others”. A person convicted under this law can face up to three months imprisonment. Similarly, obscene books are also criminalised under Section 292.

What is the Miller test used for?

The Miller Test is the primary legal test for determining whether expression constitutes obscenity. It is named after the U.S. Supreme Court's decision in Miller v. California (1973).

What did the Supreme Court rule in Barron v Baltimore quizlet?

In Barron v. Baltimore (1833), the Supreme Court ruled that the Constitution's Bill of Rights restricts only the powers of the federal government and not those of the state governments.

What are the three key elements in the definition of terrorism quizlet?

Simple definition - a definition of terrorism that involves three parts: (1) use of force, (2) against innocent people, and (3) for political purposes.

Why is Barron v Baltimore an important case quizlet?

The Barron decision effectively prevented many state cases from making their way to the federal courts. It also left the states free to disregard the Bill of Rights in their relationships with their citizens, who were left to rely instead on state laws and constitutions for protection of their rights.

What is Article 19 2 case laws?

Defamation

Article 19(2) imposes a restriction on a person to prevent him from making a defamatory statement which defames the reputation of another person. A person is known by his/her reputation in the society, so the constitution puts restrictions on freedom of speech.

What is the test of Article 19 2?

19(2), the state may make a law imposing 'reasonable restrictions 'on the exercise of the right to freedom of speech and expression 'in the interests of', the security of the State, friendly relations with the foreign States, public order, decency, morality, sovereignty and integrity of India, or 'in relation to the ...

What is Article 19 and reasonable restrictions?

Article 19

However, the State can impose restrictions on the freedom of speech and expression in the interests of the integrity, security and sovereignty of the country, friendly relations with foreign nations, for public order, with respect to defamation, incitement to offence or contempt of court.

Is kissing an obscenity?

What happens if you get caught kissing in India? The Indian Penal Code makes obscenity a punishable offence. Section 294 imposes up to three months of prison and fine on those who commit 'any' obscene act in any public place, to the “annoyance of others”.

What is illegal to view on the Internet?

Statutory Rape. Sex Offender. Sexual Exploitation of a Minor. Online Solicitation of a Minor. Child Pornography.

Is a swear word an obscenity?

The ones that will get you in trouble if you say them in school or on television? They are obscenities, which are also known as swear words. You can also say that anything offensive or inappropriate is an obscenity. This can include things that are not only dirty, but things that are offensive in other ways.

What are examples of illegal obscenity?

For example, using a popular children's toy name in your website address to lure children to obscene material is a federal crime. Creating visual representations, such as cartoons, paintings, or drawings that depict minors engaging in obscene or sexual acts is also illegal under federal law.

What is the punishment for obscenity?

India Code: Section Details. (b) sings, recites or utters any obscene song, ballad or words, in or near any public place, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both.]

What is an example of obscene?

offensive, rude, or shocking, usually because of being too obviously related to sex or showing sex: In the raid, police found several boxes of obscene DVDs. He was jailed for making obscene phone calls (= ones in which unwanted sexual suggestions were made to the listener). obscene language/graffiti.