Bleep! Censoring Rock and Rap Music

By Betty Houchin Winfield; Sandra Davidson | Go to book overview

§ 1467. Criminal forfeiture
(a) Property subject to criminal forfeiture. A person who is convicted of an offense involving obscene material under this chapter . . . shall forfeit to the United States such person's interest in --
(1) any obscene material produced, transported, mailed, shipped, or received iin violation of this chapter . . .
(2) any property, real or personal, constituting or traceable to gross profits or other proceeds obtained from such offense; and
(3) any property, real or personal, used or intended to be used to commit or to promote the commission of such offense, if the court in its discretion so determines, taking into consideration the nature, scope, and proportionality of the use of the property in the offense.

NOTES
1
Jacobelis v. Ohio, 378 U.S. 184, 197 ( 1964) ( Justice Harlan, concurring).
2
Interstate Circuit, Inc. v. Dallas, 390 U.S. 676, 704 ( 1968) (Justice Harlan, dissenting in part).
3
Miller v. California, 413 U.S. 15, 22 ( 1973).
4
See 18 U.S.C. 1461 (reprinted in Appendix: Federal Statutes Relating to Obscenity).
5
L.R. 3 Q.B. 360 ( 1868).
6
United States v. One Booke Called "Ulysses," 5 F Supp. 182,183 (S.D.N.Y. 1933).
7
Roth v. United States, 354 U.S. 476 ( 1957).
11
Memoirs v. Massachusetts, 383 U.S. 413 ( 1966).
12
In a plurality decision there is no majority agreement; the highest number of agreeing views wins. In this case, the number was three.
13
Paris Adult Theatre I v. Slaton, 413 U.S. 49, 73 ( 1973) (Brennan, dissenting).
14
See Miller v. California, 413 U.S. 15, 22 ( 1973).
15
Redrup v. New York, 386 U.S. 767 ( 1967).
16
This "practice of summarily reversing convictions" occurred in 31 cases. See Miller v. California, 413 U.S. 15, 22 n.3 ( 1973).
17
Cohen v. California, 403 U.S. 15, 25 ( 1971).
18
Miller v. California, 413 U.S. 15 ( 1973).
19
Ibid. at 18 (citing, among other cases, Stanley v. Georgia, 394 U.S. 557, 567 [ 1969]).
25
Only dealers were subject to prosecution because the Court had already held in a previous case that the First Amendment prohibits "making mere private possession of obscene material a crime." See Stanley v. Georgia, 394 U.S. 557 ( 1969). But in Osborne v. Ohio, 495 U.S. 103 ( 1990), covered infra, the Court decided that mere possession of pornography using children -- "kiddie porn" -- could be outlawed.

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