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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. 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...

  5. 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 ...

  6. 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?

  7. Paul Gewirtzt My subject is one of the most famous phrases in the entire history of Supreme Court opinions: "I know it when I see it." The phrase appears in Justice Potter Stewart's concurring opinion in Jacobellis v. Ohio,' a pornography case decided by the Court in 1964. Although many people have appropriated the phrase-some approvingly, some ...

  8. Ohio (1964), Stewart wrote in his short concurrence that "hard-core pornography" was hard to define, but "I know it when I see it, and the motion picture involved in this case is not that." Justice Stewart went on to defend the movie in question (Louis Malle's The Lovers) against further censorship. One commentator opined, "This observation ...

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