Jacobellis v. Ohio
Jacobellis v. Ohio is a significant Supreme Court case that addressed the boundaries of obscenity and freedom of expression in the context of film. The case arose when a French film was deemed potentially obscene by Ohio authorities, leading to a legal challenge. In a 5-3 decision, Justice William J. Brennan, Jr. authored the majority opinion, asserting that the film could not be classified as obscene according to national standards. He emphasized that "community standards" should reflect those of society as a whole and articulated that material must be "utterly without redeeming social importance" to qualify as obscene.
The decision was notable for its exploration of the difficulty in defining obscenity, with Justice Potter Stewart famously stating, "I know it when I see it." The ruling prompted various opinions among the justices, with some concurring that the film was not obscene and others dissenting on different grounds. This case highlighted the ongoing tension between artistic expression and censorship, contributing to the evolving discourse on First Amendment rights in the United States. Jacobellis v. Ohio remains a landmark reference point for discussions surrounding obscenity and free speech.
Jacobellis v. Ohio
Date: June 22, 1964
Citation: 378 U.S. 528
Issue: Obscenity
Significance: The Supreme Court ruled that a French film was not obscene and could not be banned but was divided as to its reasoning.
Justice William J. Brennan, Jr., wrote the opinion for the 5-3 majority, which held that a particular French film was not obscene by national standards and could not be banned obscene or not without violating freedom of expression. In his opinion, Brennan stated that the “community standards” used to determine obscenity were those of “society at large.” In addition, to be obscene, material must be “utterly without redeeming social importance.” Although Brennan wrote the majority opinion, all eight justices wrote either concurring or dissenting opinions. Justice Brennan and Justices Potter Stewart and Arthur J. Goldberg determined that the film was not obscene. In his opinion, Justice Stewart said he found it difficult to define obscenity; however, he stated, “I know it when I see it.” Justices Hugo L. Black and William O. Douglas had no opinion on whether the film was obscene or not; however, they found that it would violate the First Amendment to ban the file regardless of the question of obscenity. Chief Justice Earl Warren and Justices Tom C. Clark and John M. Harlan II dissented, finding the film obscene. Justice Byron R. White did not participate in the decision.
