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  1. The phrase was used in 1964 by United States Supreme Court Justice Potter Stewart to describe his threshold test for obscenity in Jacobellis v. Ohio . [1] [2] In explaining why the material at issue in the case was not obscene under the Roth test , and therefore was protected speech that could not be censored, Stewart wrote:

  2. Feb 27, 2024 · In his concurring opinion in the 1964 Jacobellis v. Ohio case, Supreme Court Justice Potter Stewart delivered what has become the most well-known line related to the detection of “hard-core” pornography: the infamous “I know it when I see it.” statement.

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  4. HISTORY 30GS. When Supreme Court Justice Potter Stewart was asked to describe his test for obscenity in 1964, he responded: "I know it when I see it." But do we? What is pornography and how has it changed over the last two and a half centuries?

  5. Justice John Marshall Harlan II also dissented; he believed that states should have "wide, but not federally unrestricted" power to ban obscene films. The most famous opinion from Jacobellis, however, was Justice Potter Stewart's concurrence, stating that the Constitution protected all obscenity except "hard-core pornography". He wrote, "I ...

  6. Sep 27, 2007 · The Origins of Justice Stewart's "I Know It When I See It". By. Peter Lattman. Sept. 27, 2007 5:00 pm ET. Share. Resize. The Law Blog unabashedly loves Fred Shapiro, the Yale...

  7. Aug 10, 2023 · Potter Stewart (19151985), associate justice of the Supreme Court from 1958 to 1981, is frequently remembered for his famous nondefinition of obscenity: “I know it when I see it.” Stewart began his service on the Court during an era when many justices still wrote their own opinions, and his pithy prose resulted in a number of famous ...

  8. In a concurring opinion, he wrote that the First Amendment limits obscenity laws to hard core pornography. Declining to define that term, he said simply "I know it when I see it." Stewart retired from the Court on July 3, 1981 and was replaced by Justice Sandra Day O’Connor. He died on December 7, 1985 in New Hampshire and was buried in ...

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