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...famous decision in Roth v. U.S. (1957), which held for the first time that the First Amendment does not protect obscenity because such expression is "utterly without redeeming social importance." Did this mean that "social importance" might save challenged material? The court did not say. Although Roth established other criteria for judging whether alleged obscenity should be protected, social importance was not included. In writing Section 311, however, the California legislature did include that test, thus going beyond Roth and the law in other states. To prove obscenity in California, says Section 311, the prosecution must show that challenged material...

Author: /time Magazine | Title: Constitutional Law: The Meaning of Obscenity In California | 9/30/1966 | See Source »

...effort to avoid censorship of legitimate literature, the California Supreme Court has endorsed the social-importance test as a necessary element in the prosecution of obscenity. In several recent cases, the U.S. Supreme Court has seemed to agree. CLEAN's Proposition 16 would retain other Roth criteria but delete so cial importance entirely from Section 311's obscenity test...

Author: /time Magazine | Title: Constitutional Law: The Meaning of Obscenity In California | 9/30/1966 | See Source »

...means: by giving a certain weight to (1) the student's average, (2) his generals, and (3) his thesis--and nothing else. The highest 90 on such a scale should be elected. Those below would at least know why they were rejected. Inclusion of thesis and generals in the criteria would eliminate (1) grade-grubbers and (2) thesis-droppers. Adoption of objective standards would not eliminate all the Society's friends--merely those who are relatively undeserving. Charles R. Chester...

Author: NO WRITER ATTRIBUTED | Title: The Ills of PBK | 9/26/1966 | See Source »

...generally conceded to be far beyond the reach of today's intellectual journals. They measure their success on another level-by the quality, if not the quantity, of their audience, by the impact of their ideas on people who may never have heard of them. Judged by these criteria, the Anglo-American monthly Encounter is a success indeed...

Author: /time Magazine | Title: Magazines: The Constant Flirt | 9/2/1966 | See Source »

...almost uninterruptedly for a quarter of a century, the longest period of compulsory military service in the nation's history. Last week Lieut. General Lewis Elaine Hershey, 72, who has directed the present selective service since its inception, acknowledged mounting criticism of the draft but maintained that current criteria, and the 4,050 local draft boards that apply them, are the only workable formula for deciding who should go into uniform...

Author: /time Magazine | Title: The Draft: Equality Does Not Exist | 7/1/1966 | See Source »

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