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Jewish Homosexual Pornographer Samuel Roth (Roth v. United States) Redefined Constitutional Test For Determining ‘Obscene Material’ Unprotected By The First Amendment

“We [Jews] come to the nations pretending to escape persecution, we [Jews] the most deadly persecutors in all the wretched annals of man.” – Samuel Roth

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Roth v. United States, 354 U.S. 476 (1957), along with its companion case Alberts v. California, was a landmark case before the United States Supreme Court which redefined the Constitutional test for determining what constitutes obscene material unprotected by the First Amendment.

Under the common law rule that prevailed before Roth, articulated most famously in the 1868 English case Regina v. Hicklin, any material that tended to “deprave and corrupt those whose minds are open to such immoral influences” was deemed “obscene” and could be banned on that basis. Thus, works by Balzac, Flaubert, James Joyce and D. H. Lawrence were banned based on isolated passages and the effect they might have on children.

Samuel Roth, who ran a literary business in New York City, was convicted under a federal statute criminalizing the sending of “obscene, lewd, lascivious or filthy” materials through the mail for advertising and selling a publication called American Aphrodite (“A Quarterly for the Fancy-Free”) containing literary erotica and nude photography. David Alberts, who ran a mail-order business from Los Angeles, was convicted under a California statute for publishing pictures of “nude and scantily-clad women.” The Court granted certiorari and affirmed both convictions.

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