The 1973 Obscenity-Pornography Decisions: Analysis, Impact, and Legislative Alternatives

The purpose of this Article is to examine critically the rationale of those decisions and to assess their actual and potential impact. An exhaustive review of the history of obscenity in the courts is not contemplated nor necessary. Abler attempts at comprehensive treatment have, on occasion, been performed by members of the Court, as well as by scholars in the field. Constitutional history will be employed only insofar as it has a direct bearing upon the new guidelines announced by the Court and what one can expect from their subsequent application