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...CLEAN tells it, the villain is Section 311 of the California Penal Code, a 1961 response to the U.S. Supreme Court's 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...

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

...Sobeloff's decision apparently struck a nerve. Last week Virginia's Attorney General Robert Y. Button asked for a rehearing before the full bench on the ground that the case is "of major importance." The court, said Button, has "now substituted its judgment for that of experienced penal administrators." Button cited testimony by Cunningham, who is now director of the Division of Corrections, that "if a Catholic boy came to me, or a Protestant boy came to me, saying he represented a certain group of prisoners and refused to give me their names, he would be treated...

Author: /time Magazine | Title: Prisons: Judges v. Jailers | 9/16/1966 | See Source »

History matters in Britain's present attitudes toward work. "Workingmen," says London School of Economics Professor Richard Titmuss, "carry with them a folk memory." The memory is of the Tolpuddle Martyrs, six Dorsetshire farm laborers who in 1834 were transported to the penal colony at Australia's Botany Bay for attempting to form a trade union. The memory includes the General Strike of 1926, the massive unemployment of the Great Depression, the perennial pain of class distinctions, the furious battles to gain labor's rights. It has left British labor with what Labor Journalist John Cole calls...

Author: /time Magazine | Title: Essay: HOW THE TEA BREAK COULD RUIN ENGLAND | 9/2/1966 | See Source »

...tangled with police at a boite they ran called the Golden Nugget in suburban Los Angeles. There, the cops spied ex-Dancer Jeanne, 36, modeling the lower half of a leopardskin bikini without the upper half. Distressed, they arrested the Davises for violating Section 650½ of the state penal code, a catchall law for moral suasion that forbids any act "which openly outrages public decency." Fined $276 and put on three years' probation, the Davises carried their case to a three-judge panel of California's Second District Court of Appeal, which last week issued a learned...

Author: /time Magazine | Title: Public Decency: Steady as She Goes | 6/17/1966 | See Source »

Nazarene & Catholic. The London headquarters gives an added boost to the efforts of local groups by choosing three particularly deserving individuals as "Prisoners of the Month." One of the March trio is Miligojae Phillipovic, a 21-year-old Yugoslav serving a ten-year term on the penal island of Goli Otok in the Adriatic; as a member of the Nazarene sect he refuses to report for military service and handle objects intended for killing. There is also a "Prisoner of the Year." The 1966 selection is Koumandian Keita, a Guinean headmaster sentenced to ten years for criticizing President Sekou Toure...

Author: /time Magazine | Title: International Law: Helping Prisoners of Conscience | 4/15/1966 | See Source »

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