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Since the adoption of the First Amendment the Supreme Court of the United States has struggled to define what is obscene. In 1873 the Comstock Act was adopted in the wake of the civil war (Pember 439). The Comstock Act was criticized for being too strict, to the point where freedom of speech was being restricted. The Hicklin rule was an attempt to define what was considered obscene under the Comstock Act. Under the Hicklin rule a work was obscene if it had a tendency to deprave and corrupt those whose minds are open to such immoral influences and into whose hands it might fall (Pember…
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