Obscene

(1) that the average person applying contemporary community standards, would find that the work, taken as a whole, appeals to the prurient interest; (2) that the work depicts or describes, in a patently offensive way, sexual conduct; and (3) that the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.

Something which is offensive to chastity; something that is foul and filthy, and for that reason is offensive to a puromiuded person. U. 8. v. Clarke, 38 Fed. 732. That which is offensive to chastity and modesty. U. 8. v. Harmon, 45 Fed. 414; U. 8. v. Martin, 50 id. 918. 8ee Obscenity.

lewd; impure; indecent: ealenlated to shock the moral sense of man by a disregard of chastity or modesty.

4 Includes what is foul or indecent, and what is immodest or calculated to excite impure desires. ^ Is applied to language spoken, written, or printed, and tq pictorial productions. Obscene, lewd, or lascivious publications of an indecent character, are neither mailable ' nor importable.' He who deposits such publications in the mails, and he who receives the same for circulation, shall be guilty of a misdemeanor, punishable by a fine of one hundred to five thousand dollars, with imprisonment for one to ten years, or both.^ The test is whether the tendency of the matter is to deprave and corrupt the morals of those whose minds are open to such influences, and into whose hands a publication of the sort may fall. A book need not have words which are in themselves obscene, in order to be obscene. Regard is had to the idea conveyed by the words used, in any substantial part of the publication. *' Obscenity " is that form of indecency which is calculated to promote general corruption of morajs. " Lewdness " has a tendency to excite lustful thoughts... The indictment need not specify in what respect a picture is unlawful.. One may have what views on religion he pleases, and publish the same, ]but not in connection with obscene matters sent through the mails." The prohibition applies to an obscene writing or letter inclosed in a sealed envelope.'" The pmpose is to exclude from the mails only such articles as are impure and immodest and tend to corrupt the morals.'^ The fact that the publications were sent in the real 1 Evans's Appeal, 58 Pa. 244 (1868), Strong, J. See also 123 Mass. 102; 22 N. J. E. 463; 2S Am. E. 35; 19 Alb. L. J. 323; 1 Williams, Ex. 144. ' "L. ob-loqui, to speak against: contradict. ' Bettner v. Holt, 70 Cal. 275 {1880), Foote, J. * L. obscenus, repulsive, foul. » [United States v. Lottis, 12 F. E. 673 (1882), Deady, D. J.: Worcester's Diet.; s. c, 8 Saw. 194. • Act 12 July, 1876; E. S. §§ 3893-94; 1 Sup. E. S. p. 239, Act 3 March, 1879: 1 Sup. E. S. p, 456. 'R. S. §2491; 22St. L. 489. » E. S. §■ 3394. See Addenda. "United States ti. Bennett, 16 Blateh. 336, 360-62,366- 69 (1879), cases, Blatchford, J. Definitions approved. United States v. Slenker, post. ■» United States u Gaylord, 11 Biss. 438 (1883), Treat, J.; Same v. Same, 17 F. E. 438 (1883), Drummond, J.; United States v. Hanover, ib. 444 (1883), cases; United States V. Fero, 18 id. 900 (1884), cases; Thomas v. State, 103 Ind. 421 (1885). or supposed interest of science, philosophy, or morality is immaterial. The indictment should allege a scienter. An allegation that the accused "knowingly deposited" the objectionable matter cannot be extended to embrace an averment of scienter.^ The fact that post-bf Bce inspectors used test or decoy letters to bring to justice a person suspected of mailing obscene literature does not discredit their testimony.^ Any offense, which, in its^ nature and by its example, tends to the corruption of morals, as, the exhibition of an obscene picture, is indictable at common law." Whether matter published is obscene or not, is a question of law for the court. H the matter is too gross to be spread upon the records that fact may be averred as an excuse for not setting the matter out. But this rule is not general. ^ See Verbum, In haec. See also Book, 1; Decoy; Indecent; Naked, 1; Police, 2; Publicatioh, 2. ^1,^/30

Offensive to the general moral sense of the community, by reason of tendency to excite the lustful passions of the sensual; indecent; lewd; prurient. Obscenity: the character or quality of thus offending; also, the offence of disseminating, exhibiting, or uttering, in public, that which is indecent, lewd, or prurient. Obscene publication. The question whether a publication is obscene does not depend upon its being true or false, but upon its tendency to inflame the passions and debauch society. That which offends modesty, is indecent and lewd, and tends to the creation of lascivious desires, is obscene; and this tendency is matter of fact, to be judged by the jui-y. A book purporting to give medical instruction may be amenable to the law as an obscene publication; and the testimony of scientific men, that its statements and descriptions are true, will not be a justification, if debauch society for the purpose of gain, rather than to benefit the public. See Commonwealth v. Landis, 8 Phila. 453.