Kois v. Wisconsin
Encyclopedia
Kois v. Wisconsin, , was a ruling by the U.S. Supreme Court in the case of the obscenity
conviction of Milwaukee
editor-publisher John Kois, whose underground newspaper Kaleidoscope
had published two small photographs of pictures of nudes and a sexually-oriented poem entitled "Sex Poem" in 1968. The Supreme Court ruled that in the context in which they appeared the photographs were rationally related to a news article which they illustrated, and were thus entitled to Fourteenth Amendment protection; and that the poem "bears some of the earmarks of an attempt at serious art" (whether successful or not), and thus was not obscene under the Roth v. United States
test ("whether or not the 'dominant' theme of the material appeals to prurient interest"). In the words of the concurring opinion of Justice William O. Douglas
, "In this case, the vague umbrella of obscenity laws was used in an attempt to run a radical newspaper out of business and to impose a two-year sentence and a $2,000 fine upon its publisher. If obscenity laws continue in this uneven and uncertain enforcement, then the vehicle has been found for the suppression of any unpopular tract. The guarantee of free expression will thus be diluted and in its stead public discourse will only embrace that which has the approval of five members of this Court."
As alluded to Justice Douglas' opinion, by this time Kaleidoscope had already been driven out of business.
Obscenity
An obscenity is any statement or act which strongly offends the prevalent morality of the time, is a profanity, or is otherwise taboo, indecent, abhorrent, or disgusting, or is especially inauspicious...
conviction of Milwaukee
Milwaukee, Wisconsin
Milwaukee is the largest city in the U.S. state of Wisconsin, the 28th most populous city in the United States and 39th most populous region in the United States. It is the county seat of Milwaukee County and is located on the southwestern shore of Lake Michigan. According to 2010 census data, the...
editor-publisher John Kois, whose underground newspaper Kaleidoscope
Kaleidoscope (newspaper)
Kaleidoscope was an underground newspaper, founded by John Kois, radio disk jockey Bob Reitman, and John Sahli , which was published in Milwaukee, Wisconsin from Oct. 6, 1967 to Nov. 11, 1971, printing 105 biweekly issues in all...
had published two small photographs of pictures of nudes and a sexually-oriented poem entitled "Sex Poem" in 1968. The Supreme Court ruled that in the context in which they appeared the photographs were rationally related to a news article which they illustrated, and were thus entitled to Fourteenth Amendment protection; and that the poem "bears some of the earmarks of an attempt at serious art" (whether successful or not), and thus was not obscene under the Roth v. United States
Roth v. United States
Roth v. United States, , along with its companion case, Alberts v. California, was a landmark case before the United States Supreme Court which redefined the Constitutional test for determining what constitutes obscene material unprotected by the First Amendment.- Prior history :Under the common...
test ("whether or not the 'dominant' theme of the material appeals to prurient interest"). In the words of the concurring opinion of Justice William O. Douglas
William O. Douglas
William Orville Douglas was an Associate Justice of the United States Supreme Court. With a term lasting 36 years and 209 days, he is the longest-serving justice in the history of the Supreme Court...
, "In this case, the vague umbrella of obscenity laws was used in an attempt to run a radical newspaper out of business and to impose a two-year sentence and a $2,000 fine upon its publisher. If obscenity laws continue in this uneven and uncertain enforcement, then the vehicle has been found for the suppression of any unpopular tract. The guarantee of free expression will thus be diluted and in its stead public discourse will only embrace that which has the approval of five members of this Court."
As alluded to Justice Douglas' opinion, by this time Kaleidoscope had already been driven out of business.
See also
- List of United States Supreme Court cases, volume 408
- List of United States Supreme Court cases by the Burger Court
- List of United States Supreme Court cases involving the First Amendment