Free Speech

Paragraph: 20 - Thus, the Court's new formulation will not relieve us of N24* 'the awesome task of making case by case at once the criminal and the constitutional law.' And the careful efforts of state and lower federal courts to apply the standard will remain an essentially pointless exercise, in view of the need for an ultimate decision by this Court. In addition, since the status of sexually oriented material will necessarily remain in doubt until final decision by this Court, the new approach will not diminish the chill on protected expression that derives from the uncertainty of the underlying standard. I am convinced that a definition of obscenity in terms of physical conduct cannot provide sufficient clarity to afford fair notice, to avoid a chill on protected expression, and to minimize the institutional stress, so long as that definition is used to justify the outright suppression of any material that is asserted to fall within its terms.'

Notes:

• N24* / quote / endorsement / Q0609 /

Preferred Terms:

• (is not) obscenity

Phrase match:

Source: http://freespeech.iath.virginia.edu/exist-speech/cocoon/freespeech/FOS_newSTerms_One?doc=/db/fos_all/federal/SC/1970s/19740624.418.US.153.xml&keyword1= expression protected expression&wordsBefore=&wordsAfter=#m1

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