Roth v. United States

law case

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July 13, 2026

Quick Summary

Roth v. United States was a landmark 1957 U.S. Supreme Court case that significantly shaped the legal definition of obscenity. The Court ruled that obscenity is not protected by the First Amendment's guarantee of freedom of speech. The standard established was whether, to the average person applying contemporary community standards, the dominant theme of the material, taken as a whole, appeals to prurient interest. This case aimed to provide a clearer legal framework for distinguishing between protected expression and material deemed obscene, though defining obscenity has remained a complex legal challenge.1

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obscenity
Developments in the 20th century
” Two decades later, in Roth v. United States (1957), the U.S. Supreme Court held that the standard of obscenity should be “whether, to the average person, applying contemporary community standards, the dominant theme of the material taken as a whole appeals to prurient interest.” In subsequent years the court…
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” Two decades later, in Roth v. United States (1957), the U.S. Supreme Court held that the standard of obscenity should be “whether, to the average person, applying contemporary community standards, the dominant theme of the material taken as a whole appeals to prurient interest.” In subsequent years the court…
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William Brennan
…of obscenity cases, beginning with Roth v. United States (1957), many of which broadened the protection accorded to publishers but which also showed an attempt to balance individual freedoms with the interests of the community. In New York Times Co. v. Sullivan (1964), Brennan created the “right to be wrong”—the…
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…of obscenity cases, beginning with Roth v. United States (1957), many of which broadened the protection accorded to publishers but which also showed an attempt to balance individual freedoms with the interests of the community. In New York Times Co. v. Sullivan (1964), Brennan created the “right to be wrong”—the…
Read More