Categories
Uncategorized

Jacobellis v. Ohio

This is the second in my series of Supreme Court cases related to pornography. Last time I promised I would do Memoirs v. Massachusetts next, but I completely forgot about Jacobellis v. Ohio which, for reasons that will become clear quite quickly, can’t be skipped. If this kind of thing intrigues you, check out the previous post on Roth v. United States or my other ongoing series on the details of social media sex policy

Jacobellis v. Ohio, 1964

Official citation and full opinion text: 378 U.S. 184

“I shall not today attempt further to define [hard core pornography], and perhaps I could never succeed in intelligibly doing so. But I know it when I see it, and the motion picture involved in this case is not that.”

Justice Stewart in his concurring opinion for Jacobellis

Jacobellis is not one of the great precedent-setting obscenity cases. It looked at a specific piece of content, and decided it did not qualify as obscene under the Roth definition. The full decision for Jacobellis is rather short – only 6,484 words, compared to Roth’s 12,066 (six years earlier) or Memoirs’ beefy 15,911 (two years later, and the next case to modify the obscenity definition).

However.

It is in Jacobellis that the famous line “I know it when I see it” occurs, which has come to be shorthand for the vague and subjective nature of ‘pornography’ classification. Many Americans are familiar with that quote but not the actual legal definitions from Roth or the later Miller. For that reason, I felt it was important/interesting enough to include in this series.

To set the scene, here’s what else was happening in 1964: The country was still reeling from President Kennedy’s assassination. The Beatles, Mary Poppins, and the Ford Mustang all premiered in the United States. Congress passed the first major piece of American civil rights legislation. The pilot of Star Trek began filming. The internet did not exist.

The case

State v. Jacobellis

Nico Jacobellis ran a movie theater in Cleveland Heights, Ohio. 

He was charged with two counts of possessing and exhibiting an obscene film under the Ohio Revised Code: “Selling, exhibiting, and possessing obscene literature or drugs for criminal purposes” (§ 2905.34, since repealed). I’m not going to quote the statute here because it’s the standard verbal soup of legalese, but it’s interesting to note that this rule combines pornography, contraception, and abortion materials as the same type of crime.

Jacobellis was fined a total of $2,500, which is about $21,000 in 2021 money.

His lawyer appealed on the grounds that 1) the film in question was not obscene, and 2) that Jacobellis thinking this did not then knowingly exhibit an obscene film. 

The original conviction in Jacobellis was affirmed by the state supreme court, and they appealed to the Federal Supreme Court.

The content

The obscene material in question was the 1958 french film Les Amants (The Lovers)

Unlike the difficult-to-find material in Roth, this film is part of the Criterion Collection and thus available in full online.

Original movie poster for Les Amants, from Wikipedia
Modern cover art for The Lovers, from the Criterion Collection website

The Lovers is the classic story of a depressed woman who thinks happiness will be found when she finds the right man, so she keeps impulsively going through lovers and doesn’t understand why she’s still miserable. 

That’s my summary, at least. Criterion bills it as “A deeply felt and luxuriously filmed fairy tale for grown-ups.”

Tbh I found it extremely boring. 

I’m not a fan of old movies in general, and the ~75 minutes of build up to the sex scene did a poor job of holding my attention. The “romance” aspect hasn’t aged as poorly as other old films I’ve seen, but it’s still not great, and there’s some very uncomfortable “token resistance/playing hard to get” moments.

The “obscenity” at the center of this case is, unsurprisingly, very tame by modern standards. At the end of the film, the main character (Jeanne) and her new boytoy (Bernard) make out in a boat, then go back to her room to have sex (in the same house where her husband and other lover are also staying, which made me feel so anxious). 

After they make out a bit and disrobe they lay on the bed and we get the only truly scandalous-by-modern-standards moment, where you can briefly see an exposed “female nipple.” (gasp)

In modern America, exposed female nips in a sexual content are usually enough to force an ‘R’ rating for a film (although remember this is a French movie, a country that is generally more friendly to that sort of thing).

The sex is artistically shot and the geometry seems to indicate that he’s going down on her, which is always nice to see represented in media, especially classic media. It never shows anything below the waist, and focuses mostly on the expressions of pleasure on Jeanne’s face.

At the end of the scene Jeanne flings a hand up in ecstasy and slides it along the sheets. The camera pans away from her face to focus on her hand, which is then grabbed by Bernard (this is where the still for the modern version of the movie poster comes from). 

The scene then skips ahead to the afterglow and overly romantic pillow talk, and we’re out of obscenity territory. The whole thing is maybe three minutes.

The only other item of particular note in this movie is that the upper-class high-femme lead has visible underarm hair in multiple scenes, something I would dearly love to see more of in modern media (this is another thing the French have a friendlier attitude towards).

The Ohio Supreme Court had this to say about the movie when they confirmed Jacobellis’ conviction (cases concerned with state law appeal to the state’s supreme court, and if someone still isn’t happy with the outcome they can then appeal up to the Federal Supreme Court).

“This court viewed Les Amants (The Lovers). The film ran for 90 minutes. To me, it was 87 minutes of boredom induced by the vapid drivel appearing on the screen and three minutes of complete revulsion during the showing of an act of perverted obscenity. Les Amants (The Lovers) was not hard-core pornography, i.e., filth for filth’s sake. It was worse. It was filth for money’s sake.”

I’m not sure how “filth for filth’s sake” would differ from “filth for money’s sake” under capitalism, but ok.

The court

The Supreme Court didn’t change a ton between Roth in 1955 and Jacobellis in 1964 (other than color photography becoming commonplace).

The Warren court around the time of Jacobellis.
Public domain photo taken from Oyez

Imagine those nine old white men in a room watching Les Amants together, notepads to hand and clerks assembled behind them.

Warren (middle of photo) was still Chief Justice and only three justices had left the court since Roth, none of whom were opinion authors, so I won’t bother naming them here. 

Justice Brennan (fourth from left in photo) authored the majority opinion for both Jacobellis and Roth. Brennan is a big player when it comes to obscenity rulings, and will appear in later cases as well.

Justice Harlan (far right in above photo), author of one of the dissenting opinions in Roth, is also still around and will be heard from again to dissent in Jacobellis

This was the same court that unanimously upheld the Civil Rights Act of 1964 (when it was immediately challenged in court), and confirmed that voting was a fundamental right in Reynold v. Sims.

The Jacobellis case was overturned 6-3, with the three dissenters scattered across the political spectrum according to Oyez’s ideology scale. This meant Nico Jacobellis was declared not guilty, and didn’t have to pay the fine.

Justices in favor of overturning:

  1. Black
  2. Douglas
  3. Brennan
  4. Stewart
  5. White
  6. Goldberg

Justices in favor of affirming:

  1. Warren
  2. Clark
  3. Harlan

The consequences

As I mentioned at the beginning, the Jacobellis decision didn’t matter a whole lot (except for Nico Jacobellis himself of course, for whom it mattered a great deal). 

The actual outcome of the case can be summarized very quickly by this quote from the first paragraph of the decision:

“We conclude that the film is not obscene, and that the judgment must accordingly be reversed.”

Justice Brennan, writing for the majority opinion

The famous quote comes from Justice Stewart’s concurring opinion, which is quite short (only 141 words) so I’ll present it here in full: (emphasis mine)

“It is possible to read the Court’s opinion in Roth v. United States and Alberts v. California, in a variety of ways. In saying this, I imply no criticism of the Court, which, in those cases, was faced with the task of trying to define what may be indefinable. I have reached the conclusion, which I think is confirmed at least by negative implication in the Court’s decisions since Roth and Alberts, that, under the First and Fourteenth Amendments, criminal laws in this area are constitutionally limited to hard core pornography. I shall not today attempt further to define the kinds of material I understand to be embraced within that shorthand description, and perhaps I could never succeed in intelligibly doing so. But I know it when I see it, and the motion picture involved in this case is not that.

Chief Justice Warren, who called the desire for erotic materials a “morbid and shameful craving” in his Roth opinion, dissents on the Jacobellis decision, asking “who can define ‘hard core pornography’ with any greater clarity than ‘obscenity’?”

Which, really, is a great question, and the whole point of this investigative series.

However he goes on to say that while the Court is arguing over definitions, “those who profit from the commercial exploitation of obscenity would continue to ply their trade unmolested.” Personally I think it’d be great if not molesting people was the goal of the Supreme Court. 

Warren also doubles down on the Roth definition, disagreeing with the majority opinion in saying that the “community standards” therein don’t imply a national standard, but should be left up to the states, even if those states won’t agree with each other. 

This particular line of argument is moot in the age of the internet, but it makes up much of the hand-wringing in early obscenity cases. It is the entire basis for Justice Harlan’s dissent here in Jacobellis, as well as his dissent in Roth

None of the three dissenting justices argue that the content is obscene. Their arguments are almost all about ‘should it be our job to make this decision.’ 

Ironically, two of the concurring justices also don’t think the Supreme Court should be making decisions on what is obscene, but rather than leaving it up to the states they take a more pure free speech stance and don’t think anyone should be deciding what is obscene, so they’re happy to join in overturning this case. 

The conclusion

Other than a new catchy quote, not much was changed by the Jacobellis decision. However, Chief Justice Warren in his dissenting opinion foreshadows the next big fight in American obscenity law: context

“In my opinion, the use to which various materials are put — not just the words and pictures themselves — must be considered in determining whether or not the materials are obscene. A technical or legal treatise on pornography may well be inoffensive under most circumstances, but, at the same time, ‘obscene’ in the extreme when sold or displayed to children.

In the instant case, for example, the advertisements published to induce the public to view the motion picture provide some evidence of the film’s dominant theme: ‘When all conventions explode . . . in the most daring love story ever filmed!’ ‘As close to authentic amour as is possible on the screen.’ ‘The frankest love scenes yet seen on film.’ ‘Contains one of the longest and most sensuous love scenes to be seen in this county.’”


There will be much more discussion of context and marketing in the next edition of this series, which – I pinky promise this time – will cover Memoirs v. Massachusetts and the infamous Fanny Hill.

7,794 replies on “Jacobellis v. Ohio”

Monday Jim left at his usual time and she went upstairs to get ready to run errands.At 9:30 her phone rang see a strange number she hesitated but decided to answer. The phone sprang to life with her on her knees sucking cock, it was a short clip followed by a message, be at front door in ten minutes!Sandi was terrified she had no memory of the event, but the video was her sucking cock that was for sure.The door bell rang there stood Rob and Matt, “hello Sandi I’m Rob and he’s Matt” they pushed past her and walked in. “Which way to the den”? Too stunned to say anything she just pointed….
https://hypobole8380039.weebly.com/

Wow that was unusual. I just wrote an really long comment but after I clicked submit my comment didn’t show up. Grrrr… well I’m not writing all that over again. Regardless, just wanted to say superb blog!|

This was normally a working/drinking man’s tavern and the few females who frequented the establishment tended to favor peroxide and rayon. So I kept my eye on her from the first, getting my mug of Miller from the bartender and slipping off to one side by the jukebox. She was just sipping on what looked like a liquid cocaine and sitting on her stool, wedged in between a mute sailor and a behemoth of a biker with “KC Sons” colors on the back of his oil-spotted denim jacket. They paid her no mind though, too intent on their own imbibitions, so I made note to myself to watch and wait.The…
https://tommygun4142324.weebly.com/

“Ah yes,” Kigali agreed, “I know just the one!””Carstairs!” Miss Robinson pleaded, “They are going to rape me!””Rape is illegal,” Kigali reminded the men, “Remember there is a two dollar fine for raping a westerner!””Carstairs!” Miss Robinson pleaded but the men had already piled their rifles into a stack and were gathering round her.We stopped to watch, they circled around her like Hyena hunting a Buffalo until one made a lunge and then another, she fell to the ground with a tribesman at each breast, grasping suckling sucking until her nipples were inches long and two other…
https://leg2341134.weebly.com/

“Show me what you’ve got.” she purred in a slightly smug voice.So proud of herself. At least she was coming out of her shell. Smiling upwards at her, I began by slowly lapping up her slit, testing the waters. At first contact, Molly let out a breath she had seemingly been keeping in and snak down into the couch, clearly already enjoying herself.I pulled my tongue back. “Getting comfy?” I asked her humorously.”Keep going.” she replied with no humor in her voice, eyes closed, her face in that sorrowful expression girls get when you begin the foreplay. Internally chuckling, I resumed,…
https://frisson1625911.weebly.com/

Для нашем сайте [url=https://slitoe.club/]порно слив[/url] вы можете заботиться https://slitoe.club/categories/%D0%90%D0%BD%D0%B0%D0%BB%D1%8C%D0%BD%D1%8B%D0%B9/ безмездно домашнее порно. У нас вы найдете лучшие частные порно ролики с русскими девушками и парнями, домашний анал, секс на улице, частный МЖМ и многое другое! Загрузка новых роликов каждый день. Смотрите домашнее порно других людей и делитесь своим.

It was almost like fucking a different girl.”Oh, fuck!” Dani groaned, already halfway to an orgasm. “I always get so horny this time of the month. I’m glad you don’t mind taking care of me when I’m like this…””Your arousal means your body wants to be pregnant,” Jonathan whispered into her ear. “Why don’t you let this one take? I’ve heard of implants and I know how they work.””It’ll take a month for my body to return to normal,” Dani whispered back. “But I think I’d love to have your child…””Does that mean you love me?” Jonathan teased.Dani bit his ear in reply. “Don’t press…
https://melit7094331.weebly.com/

————————————–Cindy had been working at the Harley dealership for about a year and had not only slept with her boss, Louie, but she had also had sex with another coworker, Cliff as well. One of the other guys there, Bob had witnessed a little bit of Cindy’s depravity after a big open house party where she was taken by both Louie and Cliff, one of the bike mechanics. After that party, Bob seemed to hang out around Cindy a lot more and began to pay her a lot more attention. She would come home from work and tell me how he was flirting with her a lot and she thought he…
https://kaplyada5062174.wordpress.com/

Magnificent goods from you, man. I’ve be aware your stuff prior to and you’re just extremely excellent. I actually like what you’ve bought right here, certainly like what you are saying and the best way wherein you are saying it. You are making it entertaining and you still take care of to stay it wise. I can’t wait to read much more from you. That is actually a wonderful website.|

Everything in me screamed “Don’t do it.” Everything, but my pussy. He walked over to me and pulled me up, closer to his chest. “I missed you.” He said.”Don’t.” I started trying to pull away.”Are you going to tell me that you don’t miss me?”I shook my head. “You don’t?””I do, but….” I whispered, unable to look in his eyes. “No ‘buts’, I miss you, you miss me. It’s that simple.” Darren lifted my chin and kissed me. I closed my eyes, opening my mouth for his tongue. I bit his bottom lip and grabbed his shirt. I pulled it off and threw it on the bed. I had missed him,…
https://attackattack9945511.wordpress.com/

Most times Mike joined Bill and Me at the motel on the interstate for an afternoon of intense sex.There was never and pretense about making love, it was always about sex and pleasing whomever you were with. Intense is the best word to describe it. I loved it and by their reactions and their increasing creativity with toys and different positions made each afternoon great fun. I was their fuck toy for their and my pleasure and while I got tons of pleasure from them, I also provided tons of pleasure for them. A slut fuck toy, yes, and they also told me my tits, ass, cunt and mouth were their…
https://spagyric9507884.wordpress.com/

This story may not be quite as naughty or graphic as my others, but none the less it was a fun experience that I’ll never forget.I did something a little different yesterday. I went and got a massage from a wonderful mature lady. Now, I’ve gotten sensual massages before, and they are indeed great. Very relaxing and good for the body, plus the full release at the end is the icing on the cake. There is a masseuse that lives a few miles from where I work. She’s a certified licensed masseuse, however she also works out of her apartment. I’ve never visited her before, but have just seen her…
https://dubitate6474365.wordpress.com/

We just had a good, easy rapport and she was easy on the eyes. Her name was Lauren and she had two kids and a boyfriend who wasn’t their father. She was a little thicker for having the kids but she also had a decent pair on her chest.We got along well enough that my welcome appointments became every few weeks and the other stylists started joking about our “relationship” and me being her boyfriend. Especially Jen, her friend with pink hair and piercings who worked there. Jen was a little more fit, but she didn’t have Lauren’s titties. She was pale with freckles while Lauren was a little…
https://warchildd9765710.wordpress.com/

Part 1 was all setup(sorry), this is where things heat up a bit…After being half-dazed by chloroform, Stacy the Asian pharmacist is carried out to the parking lot of her store at night, the one holding her in his arms–Duke is his name–resting Stacy’s head against his chest. In spite of the mild fear Stacy feels in her chloroform-induced haze, Duke’s lightly thudding heartbeat subconsciously sets her at ease, and she almost drifts off to sleep in his arms. That is, until one of the other guys searches her pockets for her car keys and unlocks the doors to Stacy’s mini-van. They’re…
https://spongology9665557.wordpress.com/

Or was it a whimper? The morning sun had worked it’s way around to the front of the house, and was shinining directly on Millie’s pussy. “Tommy, have you ever had sex with a girl?, Millie asked. I didn’t answer right away. I needed to be careful, and not say anything about Sis, and I. ” Mmmmm that feels nice and warm down there, but it’s already pretty warm there though. It’s OK Tommy, you can tell me, I wont breath a word to anyone” Millie said after a long pause. I answerd after another long pause. Well I’ve eaten a couple girl’s pussies, and jacked off a lot, a whole lot, and I’ve had…
https://deadlight4735592.wordpress.com/

[url=https://dorozhnye-razmetki-msk.ru/]Нанесение разметки в Москве[/url]

Горизонтальные дорожные знаки можно понимать для проезжей части и в таких местах, ровно автостоянки и склады. Это знаки и надписи, устанавливаемые на дорожном покрытии ради поддержания порядка и безопасности движения. Светоотражающая лента нередко используется чтобы создания временных горизонтальных знаков. Лента чтобы горизонтальной разметки из нашего ассортимента долговечна, но присутствие этом легко удаляется присутствие необходимости. Ради нанесения постоянной горизонтальной дорожной разметки необходимы специализированные краски.

Нанесение разметки в Москве

They were either too pushy, making me feel uneasy, and turned off, or not bold enough. Meaning, of course, that at 24, I had never had sex. Not even any more than hand holding and kissing. Pretty lame, I know, but that’s the hand I was dealt. As compensation, I put my energy into work, developing a good career, and always knowing there was something missing. That is, until I met David. We met at a business meeting, at the time, I wasn’t really attracted to him, but later we met again at the hotel bar. He started a conversation which carried over into dinner, and that was all for that night….
https://telegra.ph/David-my-lover-10-22

The thruway is loud with the windows down, the radio is blasting and I’m feeling windburned. When I pull in your driveway and turn off the ignition it’s silent. I take a couple slow deep cleansing breaths and calm washes over me allowing the anticipation of what is to come to come forward in my mind. A small smile spreads as I open the car door and step out into the heat reflecting off the driveway. I do a few stretches and grab the small gym bag from the back seat and unzip it before walking up to the door. It opens as I reach up to knock. You’re dressed as requested, loose shorts (no…
https://telegra.ph/Jackie-Surprise-10-22

[url=https://boylery-kieve.pp.ua/]Бойлеры[/url]

Котлы центрального отопления, обычно называемые плитами, – это устройства, предназначенные ради нагрева теплоносителя (обычно воды), циркулирующего в системе центрального отопления. Современные котлы можно разделить по типу сжигаемого топлива, т.е. для твердого топлива, такого ровно уголь, уголь в виде эко-гороха, пеллеты, палка и т.д., для газообразного топлива, т.е. разговорно одно- либо двухфункциональные газовые котлы

Бойлеры

Great blog! Do you have any suggestions for aspiring writers? I’m planning to start my own blog soon but I’m a little lost on everything. Would you advise starting with a free platform like WordPress or go for a paid option? There are so many choices out there that I’m completely overwhelmed .. Any suggestions? Thanks!|

What i don’t realize is in reality how you’re now not really much more smartly-favored than you might be right now. You are very intelligent. You recognize therefore significantly in the case of this subject, produced me for my part imagine it from numerous various angles. Its like women and men are not fascinated unless it’s something to do with Lady gaga! Your own stuffs outstanding. Always handle it up!|

[url=https://lezhak-dlya-sobaki.pp.ua/]Лежанки для собак[/url]

Вашей собаке не хватает собственного пространства в доме? Сделайте так, дабы вашей собаке было комфортно, закажите для нее удобную, сделанную для заказ постель – лежанку чтобы собак. Лежак для собаки – идеальное приговор, особенно если вы хотите, для ваша щенок оставалась в постели. Для благополучия вашей собаки гордо создать для нее безопасное место! Вы найдете лежанку чтобы собаки любого размера, через лежанки S перед лежанки XXL!

Лежанки для собак

Leave a Reply to Blorhoopy Cancel reply

Your email address will not be published.