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First Amendment

Michigan Law Review

1969

United States Supreme Court

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Requiem For Roth: Obscenity Doctrine Is Changing, David E. Engdahl Dec 1969

Requiem For Roth: Obscenity Doctrine Is Changing, David E. Engdahl

Michigan Law Review

In 1957, the Supreme Court decided Roth v. United States and Alberts v. California, and thereby commenced what has proved to be one of the most perplexing and politically sensitive tasks the Court has ever undertaken-determining the constitutional limitations on the power of state and federal governments to regulate obscenity. After twelve years of decisions in the obscenity field, the regrettable truth is that "no stable approach to the obscenity problem has yet been devised by [the] Court." The unreconciled conflicts among the several opinions of Supreme Court Justices ·written since 1957, and the new uncertainties created by the …