Any test that turns on what is offensive to the community’s standards is too loose, too capricious, too destructive of freedom of expression to be squared with the First Amendment. Under that test, juries can censor, suppress, and punish what they don’t like, provided the matter relates to “sexual impurity” or has a tendency “to excite lustful thoughts”. This is community censorship in one of its worst forms. It creates a regime where in the battle between the literati and the Philistines, the Philistines are certain to win.
William O. Douglas (1898-1980) US Supreme Court justice (1939-75)
Roth v. United States, 354 U.S. 476, 512, dissenting opinion (1957)
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Thus, if the First Amendment guarantee of freedom of speech and press is to mean anything in this field, it must allow protests even against the moral code that the standard of the day sets for the community. In other words, literature should not be suppressed merely because it offends the moral code of the censor.
William O. Douglas (1898-1980) US Supreme Court justice (1939-75)
Roth v. United States, 354 U.S. 476, 513, dissenting opinion (1957)
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