Trace Your Case

ISSUE:

Whether one should use Hicklin’s test or Community standard test to determine and demarcate a line between what is artistic and obscene?

RULE:

It is necessary that a balance should be maintained between "freedom of speech and expression" and "public decency or morality"; but when the latter is substantially transgressed the former must give way. In other cases, obscenity may be overlooked if it has a preponderating social purpose or profit.

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