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6 Pennsylvania opinions name it 4 courts 1981–2023 1 in the last five years
The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Miller v. Californiagreen2 sentences1984In Miller v. California, 413 U.S. 15 , 93 S.Ct. 2607 , 37 L.Ed.2d 419 , reh. denied 414 U.S. 881 , 94 S.Ct. 26 , 38 L.Ed.2d 128 (1973), the Court altered the obscenity test developed in Memoirs , shifting from a standard requiring that material be “utterly without redeeming social value,” to a test mandating that the work “lack serious literary, artistic, political, or scientific value.” Subsequently, our Supreme Court was provided with the opportunity to interpret the Commonwealth’s obscenity standard in light of Miller. 1984In Miller v. California, 413 U.S. 15 , 93 S.Ct. 2607 , 37 L.Ed.2d 419 , reh. denied 414 U.S. 881 , 94 S.Ct. 26 , 38 L.Ed.2d 128 (1973), the Court altered the obscenity test developed in Memoirs , shifting from a standard requiring that material be “utterly without redeeming social value,” to a test mandating that the work “lack serious literary, artistic, political, or scientific value.” Subsequently, our Supreme Court was provided with the opportunity to interpret the Commonwealth’s obscenity standard in light of Miller. | 1 | 2 |
United States v. Williamsgreen1 sentence2023See Miller v. California, 413 U.S. 15 , 23–24 (1973).” United States v. Williams, 553 U.S. 285, 288 (2008) (citation omitted). | 1 | 1 |
Commonwealth v. MacDonaldgreen2 sentences1984See Commonwealth v. MacDonald, 464 Pa. 435 , 347 A.2d 290 (1975), cert. denied 429 U.S. 816 , 97 S.Ct. 57 , 50 L.Ed.2d 75 (1976). 19 As Justice Roberts opined, [I]t is clear that if material is “utterly without redeeming social value” it must certainly lack “serious literary, artistic, political, or scientific value” so that requirement ... of the Miller standard is met. 1984See Commonwealth v. MacDonald, 464 Pa. 435 , 347 A.2d 290 (1975), cert. denied 429 U.S. 816 , 97 S.Ct. 57 , 50 L.Ed.2d 75 (1976). 19 As Justice Roberts opined, [I]t is clear that if material is “utterly without redeeming social value” it must certainly lack “serious literary, artistic, political, or scientific value” so that requirement ... of the Miller standard is met. | 1 | 1 |
Roth v. United Statesgreen2 sentences1984See, e.g., Roth v. United States, 354 U.S. 476 , 77 S.Ct. 1304 , 1 L.Ed.2d 1498 (1957); Memoirs v. Massachusetts, 383 U.S. 413 , 86 S.Ct. 975 , 16 L.Ed.2d 1 (1966); Miller v. California, supra. As applied to minors, the United States Supreme Court has approved the adoption of an obscenity standard that is broader than the standard appropriate for adults: Because of the State’s exigent interest in preventing distribution to children of objectionable material, it can exercise its power to protect the health, safety, welfare and morals of its community by barring the distribution to children of b 1984See, e.g., Roth v. United States, 354 U.S. 476 , 77 S.Ct. 1304 , 1 L.Ed.2d 1498 (1957); Memoirs v. Massachusetts, 383 U.S. 413 , 86 S.Ct. 975 , 16 L.Ed.2d 1 (1966); Miller v. California, supra. As applied to minors, the United States Supreme Court has approved the adoption of an obscenity standard that is broader than the standard appropriate for adults: Because of the State’s exigent interest in preventing distribution to children of objectionable material, it can exercise its power to protect the health, safety, welfare and morals of its community by barring the distribution to children of b | 1 | 1 |
Irving v. United Statesgreen1 sentence1984See Commonwealth v. MacDonald, 464 Pa. 435 , 347 A.2d 290 (1975), cert. denied 429 U.S. 816 , 97 S.Ct. 57 , 50 L.Ed.2d 75 (1976). 19 As Justice Roberts opined, [I]t is clear that if material is “utterly without redeeming social value” it must certainly lack “serious literary, artistic, political, or scientific value” so that requirement ... of the Miller standard is met. | 1 | 1 |
Qantas Airways Ltd. v. Foremost International Tours, Inc.green1 sentence1984See Commonwealth v. MacDonald, 464 Pa. 435 , 347 A.2d 290 (1975), cert. denied 429 U.S. 816 , 97 S.Ct. 57 , 50 L.Ed.2d 75 (1976). 19 As Justice Roberts opined, [I]t is clear that if material is “utterly without redeeming social value” it must certainly lack “serious literary, artistic, political, or scientific value” so that requirement ... of the Miller standard is met. | 1 | 1 |
Hankerson v. North Carolinagreen1 sentence1984See Commonwealth v. MacDonald, 464 Pa. 435 , 347 A.2d 290 (1975), cert. denied 429 U.S. 816 , 97 S.Ct. 57 , 50 L.Ed.2d 75 (1976). 19 As Justice Roberts opined, [I]t is clear that if material is “utterly without redeeming social value” it must certainly lack “serious literary, artistic, political, or scientific value” so that requirement ... of the Miller standard is met. | 1 | 1 |
Bookcase, Inc. v. Broderickgreen2 sentences1984Ginsberg v. New York, 390 U.S. 629, 636 , 88 S.Ct. 1274, 1278-1279 , 20 L.Ed.2d 195 , 202 reh. denied, 391 U.S. 971 , 88 S.Ct. 2029 , 20 L.Ed.2d 887 (1968), quoting Bookcase, Inc. v. Broderick, 18 N.Y.2d 71, 75 , 271 N.Y.S.2d 947, 952 , 218 N.E.2d 668, 671 (1966). 123] Pennsylvania courts have similarly recognized the state’s significant interest in the protection of its youth. *566 Concurring in the decision in Commonwealth v. Robin, 16 Mr. Justice Roberts observed, Carefully drawn restrictions on the sale or distribution of [materials not obscene for adults] to juveniles would in no way embo 1984Ginsberg v. New York, 390 U.S. 629, 636 , 88 S.Ct. 1274, 1278-1279 , 20 L.Ed.2d 195 , 202 reh. denied, 391 U.S. 971 , 88 S.Ct. 2029 , 20 L.Ed.2d 887 (1968), quoting Bookcase, Inc. v. Broderick, 18 N.Y.2d 71, 75 , 271 N.Y.S.2d 947, 952 , 218 N.E.2d 668, 671 (1966). 123] Pennsylvania courts have similarly recognized the state’s significant interest in the protection of its youth. *566 Concurring in the decision in Commonwealth v. Robin, 16 Mr. Justice Roberts observed, Carefully drawn restrictions on the sale or distribution of [materials not obscene for adults] to juveniles would in no way embo | 1 | 1 |
Freedman v. Marylandgreen1 sentence1981The procedures for judging obscenity must reflect “ ‘the necessary sensitivity to freedom of expression.’ ” McKinney v. Alabama, 424 U.S. 669, 674 (1976), quoting Freedman v. Maryland, 380 U.S. 51, 58 (1965). | 1 | 1 |
McKinney v. Alabamagreen1 sentence1981The procedures for judging obscenity must reflect “ ‘the necessary sensitivity to freedom of expression.’ ” McKinney v. Alabama, 424 U.S. 669, 674 (1976), quoting Freedman v. Maryland, 380 U.S. 51, 58 (1965). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Mishkin v. New York
green
2 sentences1992Accordingly, the trial court did not err in failing to give a jury charge regarding Mishkin v. New York, 383 U.S. 502 , 86 S.Ct. 958 , 16 L.Ed 2d 56 (1966) (In Mishkin , which was analyzed by our Court in Hulehan , the United States Supreme Court stated that when sexual material is designed for and primarily disseminated to a clearly defined sexual group, the prurient appeal component of the obscenity standard may be adjusted to consider the appeal of the material to that sexual group). 1992Accordingly, the trial court did not err in failing to give a jury charge regarding Mishkin v. New York, 383 U.S. 502 , 86 S.Ct. 958 , 16 L.Ed 2d 56 (1966) (In Mishkin , which was analyzed by our Court in Hulehan , the United States Supreme Court stated that when sexual material is designed for and primarily disseminated to a clearly defined sexual group, the prurient appeal component of the obscenity standard may be adjusted to consider the appeal of the material to that sexual group). | 2 | 1985–1992 |
AM. BOOKSELLERS ASS'N, INC. v. Rendell
green
1 sentence1992The court wrote: “As applied to minors, the U.S. Supreme Court has approved the adoption of an obscenity standard that is broader than the standard appropriate for adults: ‘Because of the state’s exigent interest in preventing distribution to children of objectionable material, it can exercise its power to protect the health, safety, welfare and morals of its community by barring the distribution to children of books recognized to be suitable for adults.’” American Booksellers Association Inc. v. Rendell, supra., at 565, 481 A.2d at 933 , quoting Ginsburg v. New York, supra. Thus, the Superior | 1 | 1992–1992 |
A Book Named \John Cleland's Memoirs of a Woman of Pleasure\" v. Attorney General of Massachusetts"
green
2 sentences1984See, e.g., Roth v. United States, 354 U.S. 476 , 77 S.Ct. 1304 , 1 L.Ed.2d 1498 (1957); Memoirs v. Massachusetts, 383 U.S. 413 , 86 S.Ct. 975 , 16 L.Ed.2d 1 (1966); Miller v. California, supra. As applied to minors, the United States Supreme Court has approved the adoption of an obscenity standard that is broader than the standard appropriate for adults: Because of the State’s exigent interest in preventing distribution to children of objectionable material, it can exercise its power to protect the health, safety, welfare and morals of its community by barring the distribution to children of b 1984See, e.g., Roth v. United States, 354 U.S. 476 , 77 S.Ct. 1304 , 1 L.Ed.2d 1498 (1957); Memoirs v. Massachusetts, 383 U.S. 413 , 86 S.Ct. 975 , 16 L.Ed.2d 1 (1966); Miller v. California, supra. As applied to minors, the United States Supreme Court has approved the adoption of an obscenity standard that is broader than the standard appropriate for adults: Because of the State’s exigent interest in preventing distribution to children of objectionable material, it can exercise its power to protect the health, safety, welfare and morals of its community by barring the distribution to children of b | 1 | 1984–1984 |
Ginsberg v. New York
green
2 sentences1984Ginsberg v. New York, 390 U.S. 629, 636 , 88 S.Ct. 1274, 1278-1279 , 20 L.Ed.2d 195 , 202 reh. denied, 391 U.S. 971 , 88 S.Ct. 2029 , 20 L.Ed.2d 887 (1968), quoting Bookcase, Inc. v. Broderick, 18 N.Y.2d 71, 75 , 271 N.Y.S.2d 947, 952 , 218 N.E.2d 668, 671 (1966). 123] Pennsylvania courts have similarly recognized the state’s significant interest in the protection of its youth. *566 Concurring in the decision in Commonwealth v. Robin, 16 Mr. Justice Roberts observed, Carefully drawn restrictions on the sale or distribution of [materials not obscene for adults] to juveniles would in no way embo 1984Ginsberg v. New York, 390 U.S. 629, 636 , 88 S.Ct. 1274, 1278-1279 , 20 L.Ed.2d 195 , 202 reh. denied, 391 U.S. 971 , 88 S.Ct. 2029 , 20 L.Ed.2d 887 (1968), quoting Bookcase, Inc. v. Broderick, 18 N.Y.2d 71, 75 , 271 N.Y.S.2d 947, 952 , 218 N.E.2d 668, 671 (1966). 123] Pennsylvania courts have similarly recognized the state’s significant interest in the protection of its youth. *566 Concurring in the decision in Commonwealth v. Robin, 16 Mr. Justice Roberts observed, Carefully drawn restrictions on the sale or distribution of [materials not obscene for adults] to juveniles would in no way embo | 1 | 1984–1984 |
Gyuro v. Connecticut
green
1 sentence1984Ginsberg v. New York, 390 U.S. 629, 636 , 88 S.Ct. 1274, 1278-1279 , 20 L.Ed.2d 195 , 202 reh. denied, 391 U.S. 971 , 88 S.Ct. 2029 , 20 L.Ed.2d 887 (1968), quoting Bookcase, Inc. v. Broderick, 18 N.Y.2d 71, 75 , 271 N.Y.S.2d 947, 952 , 218 N.E.2d 668, 671 (1966). 123] Pennsylvania courts have similarly recognized the state’s significant interest in the protection of its youth. *566 Concurring in the decision in Commonwealth v. Robin, 16 Mr. Justice Roberts observed, Carefully drawn restrictions on the sale or distribution of [materials not obscene for adults] to juveniles would in no way embo | 1 | 1984–1984 |
Hardin v. Aetna Casualty & Surety Co.
green
1 sentence1984Ginsberg v. New York, 390 U.S. 629, 636 , 88 S.Ct. 1274, 1278-1279 , 20 L.Ed.2d 195 , 202 reh. denied, 391 U.S. 971 , 88 S.Ct. 2029 , 20 L.Ed.2d 887 (1968), quoting Bookcase, Inc. v. Broderick, 18 N.Y.2d 71, 75 , 271 N.Y.S.2d 947, 952 , 218 N.E.2d 668, 671 (1966). 123] Pennsylvania courts have similarly recognized the state’s significant interest in the protection of its youth. *566 Concurring in the decision in Commonwealth v. Robin, 16 Mr. Justice Roberts observed, Carefully drawn restrictions on the sale or distribution of [materials not obscene for adults] to juveniles would in no way embo | 1 | 1984–1984 |
Ginsberg v. New York
green
1 sentence1984Ginsberg v. New York, 390 U.S. 629, 636 , 88 S.Ct. 1274, 1278-1279 , 20 L.Ed.2d 195 , 202 reh. denied, 391 U.S. 971 , 88 S.Ct. 2029 , 20 L.Ed.2d 887 (1968), quoting Bookcase, Inc. v. Broderick, 18 N.Y.2d 71, 75 , 271 N.Y.S.2d 947, 952 , 218 N.E.2d 668, 671 (1966). 123] Pennsylvania courts have similarly recognized the state’s significant interest in the protection of its youth. *566 Concurring in the decision in Commonwealth v. Robin, 16 Mr. Justice Roberts observed, Carefully drawn restrictions on the sale or distribution of [materials not obscene for adults] to juveniles would in no way embo | 1 | 1984–1984 |
Taylor v. Tennessee
green
1 sentence1984In Miller v. California, 413 U.S. 15 , 93 S.Ct. 2607 , 37 L.Ed.2d 419 , reh. denied 414 U.S. 881 , 94 S.Ct. 26 , 38 L.Ed.2d 128 (1973), the Court altered the obscenity test developed in Memoirs , shifting from a standard requiring that material be “utterly without redeeming social value,” to a test mandating that the work “lack serious literary, artistic, political, or scientific value.” Subsequently, our Supreme Court was provided with the opportunity to interpret the Commonwealth’s obscenity standard in light of Miller. | 1 | 1984–1984 |
State v. Moody
green
1 sentence1984In Miller v. California, 413 U.S. 15 , 93 S.Ct. 2607 , 37 L.Ed.2d 419 , reh. denied 414 U.S. 881 , 94 S.Ct. 26 , 38 L.Ed.2d 128 (1973), the Court altered the obscenity test developed in Memoirs , shifting from a standard requiring that material be “utterly without redeeming social value,” to a test mandating that the work “lack serious literary, artistic, political, or scientific value.” Subsequently, our Supreme Court was provided with the opportunity to interpret the Commonwealth’s obscenity standard in light of Miller. | 1 | 1984–1984 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.