THE ROLE OF CHOICE IN A DEFINITION OF OBSCENITY

Authors

  • DAVID G PRICE

Abstract

This article examines the objective of protecting the public from obscenity with as little intrusion into individual freedom as possible. It argues that this can be achieved by enhancing the boundary between public and private choice, so that the definition becomes flexible according to changing morals in each sphere, and reviews the judicial authority responsible for the public-private dichotomy. After analyzing the statutory and judicial tendencies to restrict obscenity legislation to public exposure of materials, it compares censorship legislation and concludes that it too is restricted in its operation, to exposure to the public. It presents the English position in contrast to the issue’s evolution in Canada, and concludes that an enhanced division between private and public choice may address any deficiencies.

Keywords:

Criminal Law

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Published

1979-06-01

Issue

Section

Legal Commentary