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Obscene

Defined in 1 dictionary — Anderson (1889)

A Dictionary of Law

William C. Anderson · 1889

page 724. An act approved September 26, 1£88 (25 St. L. 496), amends former legislation as follows: Section 1. The last clause of section two of the act of June 18, 1888 (ib. 188), shall constitute section three of that act, and read thus: "Sec. 3. That all matter otherwise mailable by law, upon the envelope or outside cover or wrapper of which, or any postal card upon which, any delineations, epithets, terms, or language of an indecent, lewd* lascivious, obscene, libelous, scurrilous, defamatory, or threatening character, or calculated by the terms or manner or style of display and obviouslj- intended to reflect injuriously upon the character or conduct of another may be written or printed, or otherwise impressed or apparent, are hereby ^declared non-mailable matter, and shall not be conveyed in the mails, nor delivered from any postoffice nor by any letter-carrier, and shall be withdrawn from the ma Us under such regulations as the postmaster-general shall prescribe; and any person who shall knowingly deposit, or cause to be deposited, for mailing or delivery, anything declared by this section to be non-mailable matter, and any person who shall knowingly take the same or cause the same to be taken from the mails, for the purpose of circulating or disposing of, or of aiding in the circulation or dispo.sltion of the same,or imprisoned at hard labor not more than five years, or both, at the discretion of the court." Sec. 2. Revised Statutes, § 8893, as amended by act of July 13, 18T6, shall read: " Sec. 8893. Every obscene, lewd, or lascivious book, pamphlet, picture, paper, letter, writing, print, or other publication of an indecent character, and every article or thing designed or intended for the prevention of conception or procuring of abortion, and every article or thing intended or adapted for any indecent or immoral use. and every written or printed card, letter, circular, book, pamphlet, advertisement or notice of any kind giving information, directly or indirectly, where or how, or of whom, or by what means any of the hereinbefore mentioned matters, articles, or things may be obtained or made, whether sealed as first-class mattei' or not, are hereby declared to be non-mailable matter, and sliall not be conveyed in the mails nor delivered from any post-office nor by any letter-carrier; and any person who shall knowingly deposit, or cause to be deposited, for mailing or delivery, anything declared by this section to be non-mailab Je matter, and any person who shall knowingly take the same, or cause the same to be taken, from the mails for the purpose of circulating or disposing of, or of aiding in the circulation or disposition of the same, shall, for each and every offense, be fined upon conviction thereof not more than five thousand dollars, or imprisoned at hard labor not more than five years, or both, at the discretion of the court. And all offenses committed under the section of which this is amendatory, prior to the approval of this act, may be prosecuted and punished under the same in the same manner and with the same effect as if this act had not been passed: Provided^ That nothing in this act shall authorize any person to open any letter or sealed matter of the first-class not addressed to himself."