William O. Douglas

William O. Douglas

Summary

Portrait of William O. Douglas William O. Douglas Paris Adult Theatre I v. Slaton… (1973)

So I became convinced that the creation of the "obscenity" exception to the First Amendment was a legislative and judicial tour de force; that if we were to have such a regime of censorship and punishment, it should be done by constitutional amendment.
People are, of course, offended by many offerings made by merchants in this area. They are also offended by political pronouncements, sociological themes, and by stories of official misconduct. The list of activities and publications and pronouncements that offend someone is endless.
Source: Wikisource

Portrait of William O. Douglas William O. Douglas Paris Adult Theatre I v. Slaton… (1973)

Life in this crowded modern technological world creates many offensive statements and many offensive deeds. There is no protection against offensive ideas, only against offensive conduct.
"Obscenity" at most is the expression of offensive ideas. There are regimes in the world where ideas "offensive" to the majority (or at least to those who control the majority) are suppressed. There life proceeds at a monotonous pace. Most of us would find that world offensive.
Source: Wikisource

Portrait of William O. Douglas William O. Douglas Paris Adult Theatre I v. Slaton… (1973)

When man was first in the jungle he took care of himself. When he entered a societal group, controls were necessarily imposed. But our society--unlike most in the world--presupposes that freedom and liberty are in a frame of reference that makes the individual, not government, the keeper of his tastes, beliefs, and ideas. That is the philosophy of the First Amendment; and it is the article of faith that sets us apart from most nations in the world.
Source: Wikisource

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