June 24, 2014 archive
Jun 24 2014
Jun 24 2014
Welcome to The Breakfast Club! We’re a disorganized group of rebel lefties who hang out and chat if and when
we’re not too hungover we’ve been bailed out we’re not too exhausted from last night’s (CENSORED) the caffeine kicks in. Everyone’s welcome here, no special handshake required. Just check your meta at the door.
Join us every weekday morning at 9am (ET) and weekend morning at 10:30am (ET) to talk about current news and our boring lives and to make fun of LaEscapee! If we are ever running late, it’s PhilJD’s fault.
This Day in History
Jun 24 2014
This is your morning Open Thread. Pour your favorite beverage and review the past and comment on the future.
Find the past “On This Day in History” here.
Click on images to enlarge.
June 24 is the 175th day of the year (176th in leap years) in the Gregorian calendar. There are 190 days remaining until the end of the year.
On this day in 1957, the U.S. Supreme Court rules that obscenity is not protected by the First Amendment.
Roth v. United States, along with its companion case, Alberts v. California, was a landmark case before the United States Supreme Court which redefined the Constitutional test for determining what constitutes obscene material unprotected by the First Amendment.
Under the common law rule that prevailed before Roth, articulated most famously in the 1868 English case Hicklin v. Regina, any material that tended to “deprave and corrupt those whose minds are open to such immoral influences” was deemed “obscene” and could be banned on that basis. Thus, works by Balzac, Flaubert, James Joyce and D. H. Lawrence were banned based on isolated passages and the effect they might have on children.
Samuel Roth, who ran a literary business in New York City, was convicted under a federal statute criminalizing the sending of “obscene, lewd, lascivious or filthy” materials through the mail for advertising and selling a publication called American Aphrodite (“A Quarterly for the Fancy-Free”) containing literary erotica and nude photography. David Alberts, who ran a mail-order business from Los Angeles, was convicted under a California statute for publishing pictures of “nude and scantily-clad women.” The Court granted a writ of certiorari and affirmed both convictions.
Roth came down as a 6-3 decision, with the opinion of the Court authored by William J. Brennan, Jr.. The Court repudiated the Hicklin test and defined obscenity more strictly, as material whose “dominant theme taken as a whole appeals to the prurient interest” to the “average person, applying contemporary community standards.” Only material meeting this test could be banned as “obscene.” However, Brennan reaffirmed that obscenity was not protected by the First Amendment and thus upheld the convictions of Roth and Alberts for publishing and sending obscene material over the mail.
Congress could ban material, “utterly without redeeming social importance,” or in other words, “whether to the average person, applying contemporary community standards, the dominant theme of the material taken as a whole appeals to the prurient interest.”
With the Court unable to agree as to what constituted obscenity, the Justices were put in the position of having to personally review almost every obscenity prosecution in the United States, with the Justices gathering for weekly screenings of “obscene” motion pictures (Black and Douglas pointedly refused to participate, believing all the material protected). Meanwhile, pornography and sexually oriented publications proliferated as a result of the Warren Court’s holdings, the “Sexual Revolution” of the 1960s flowered, and pressure increasingly came to the Court to allow leeway for state and local governments to crack down on obscenity. During his ill-fated bid to become Chief Justice, Justice Abe Fortas was attacked vigorously in Congress by conservatives such as Strom Thurmond for siding with the Warren Court majority in liberalizing protection for pornography. In his 1968 presidential campaign, Richard Nixon campaigned against the Warren Court, pledging to appoint “strict constructionists” to the Supreme Court.
In Miller v. California (1973), a five-person majority agreed for the first time since Roth as to a test for determining constitutionally unprotected obscenity, superseding the Roth test. By the time Miller was considered in 1973, Brennan had abandoned the Roth test and argued that all obscenity was constitutionally protected, unless distributed to minors or unwilling third-parties.
Jun 24 2014
“We have been engaged in the Islamic world at least since 1980, in a military project based on the assumption that the adroit use of American hard power can somehow pacify or fix this part of the world. We can now examine more than three decades of this effort.
Let’s look at what U.S. military intervention in Iraq has achieved, in Afghanistan has achieved, in Somalia has achieved, in Lebanon has achieved, in Libya has achieved. I mean, ask ourselves the very simple question. Is the region becoming more stable? Is it becoming more democratic? Are we alleviating, reducing the prevalence of anti-Americanism?”
Jun 24 2014
Millions for Porn, Not a Penny for Condoms
What? That’s not what Thomas Jefferson said before authorizing the funds for the U.S.S. Constitution? No wonder people look at me funny during Fleet Week.
Transuranic Mystery Flavor
The real news including the 3 part web exclusive interview with Hamid Al Bayati (.pdf), Permanent Representative of Iraq to the United Nations, below.