In the 1933 case of United States v. One Book Called Ulysses, Judge John Munro Woolsey declared that James Joyce’s classic novel was not obscene, contradicting a lower court ruling. Woolsey emphasized that works must be considered as a whole, rather than judged by “selected excerpts,” and that reviewers should apply contemporary national standards and think about the effect on the average person.
In 1957, the Supreme Court further clarified First Amendment protections in Roth v. United States by rejecting the argument that obscenity lacks redeeming social importance. In this case, the court defined obscenity as material that, taken as a whole, appeals to a prurient – that is, lascivious – interest in sex in average readers.
The Supreme Court’s 1973 Miller v. California decision created the eponymous Miller test for jurors in obscenity cases. This test incorporates language from the Ulysses and Roth rulings, asking jurors to consider whether the average person, looking at the work as a whole and applying the contemporary standards in their community, would find it lascivious. It also adds the consideration of whether the material in question is of “serious literary, artistic, political, or scientific value” when deciding whether it is obscene. Another decision that is particularly relevant for teachers and school librarians is 1982’s Island Trees School District v. Pico, a case brought by students against their school board. The Supreme Court ruled that removing books from a school library or curriculum is a violation of the First Amendment if it is an attempt to suppress ideas. Free access to ideas in books, the court wrote, is sacrosanct: “If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion or other matters of opinion.”