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Question
A book publisher decides to reprint a novel, The Genius, by Theodore Dreiser, considered by many literary experts to be one of the leading writers of the early 20th century. A district attorney (running for reelection) prosecutes a local bookstore owner under the states obscenity laws for selling a copy of the reprinted novel. The basis of the prosecution is that the book contains the following passage: She accepted first the pressure of his arm, then the slow gentleness with which he caressed her. Resistance seemed almost impossible now, for he held her closetight within the range of his magnetism. When finally she felt the pressure of his hand upon her quivering limbs, she threw herself back in a transport of agony and delight. No, no, Eugene, she begged. No, no! Save me from myself. Oh, Eugene! A jury found the book obscene based on that excerpt (the only part of the book to which the district attorney objected). Will that conviction be upheld on appeal? Why or why not? Discuss the complete test a court would apply.
Answer
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