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 Potter Stewart

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updated Sun. March 10, 2019

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'When I think about business models, I'm reminded of US Supreme Court Justice Potter Stewart addressing the question of pornography: “I shall not today attempt further to define [pornography] . . . and perhaps I could never succeed in intelligibly doing so. But I know it when I see it.” As for me, I'm not sure I ...
Justices Potter Stewart and Thurgood Marshall argued separately that in the absence of specific guidance by Congress, the Court should not grant the executive broad censorship power.” The movie reminds us of an important moment in history. There was applause in the full Franklin theater where I sat.

Justice William O. Douglas generally agreed with Justice Black and also argued that the law the government used to support its case, the Espionage Act of 1917, did not support the government's case. Justices Potter Stewart and Thurgood Marshall argued separately that in the absence of specific guidance ...
The German word kitsch is hard to define, other than as tacky or tasteless. But as Justice Potter Stewart said of prurience, “I know it when I see it.” It is indulged sometimes even by pious Catholics. Examples of kitsch abound in the sculpture garden of the United Nations. My favorite is a huge Colt Python ...
Supreme Court Justice Potter Stewart once said, “I know it when I see it” when trying to define obscenity. Truth is like that. We know when we see it, and we know when it is absent. Pay attention. Decide and act accordingly. Jeanette Sekan is a columnist for the Cody Enterprise in Cody, Wyo. and a former ...
Potter Stewart's decree in Jacobellis v. Ohio applies to comedy as much as it does obscenity: we know it when we see it. If it makes you laugh, it does its job—and maybe, if you're lucky, it'll also make you think a little bit, too. Whether it's stand-up, sketch, sitcoms, podcasts, Twitter or any other kind of outlet, ...

Since obscenity is not covered by the First Amendment, it would be helpful to know what we think is obscene these days, but we don't seem to have moved much past the opinion voiced by Justice Potter Stewart of the U.S. Supreme Court, in reversing Ohio's ban of the Louis Malle film The Lovers, in which ...
In 1964, United States Supreme Court Justice Potter Stewart described his threshold test for obscenity as “I know it when I see it.” In many ways, that is how we discern whether there is collusion in a fantasy sports league absent any written proof or a confession. If you participate in a fantasy baseball league, ...
It's difficult to define marketing speak in a precise and comprehensive way, but as Supreme Court Justice Potter Stewart once said about hard-core pornography, “I know it when I see it.” And so will most B2B buyers. Marketing speak can involve the use of buzzwords and over-the-top or overly-simplistic ...
Really? Barbas's unequivocal declaration would certainly come as a surprise to former Supreme Court Justice Potter Stewart, whose 1974 lecture at Yale Law School entitled “Or of the Press” was devoted to this question and concludes by discrediting Barbas's “constitutional redundancy” theory. Based on ...
I offer kudos to State Rep. Curt Nisly, who will soon re-introduce the “Protection at Conception” bill at the Indiana Statehouse. The 1973 Roe v Wade ruling was predicated on the false premise that what is conceived in the womb is not human life. In actual Roe v Wade audio, Justice Potter Stewart notes that ...
Indeed, a “fundamental interdependence exists between the personal right to liberty and the personal right to property,” as Supreme Court Justice Potter Stewart famously said. As we move into the New Year, it's vital we keep the momentum going by continuing to keep big, intrusive, and unproductive ...
Among those judges who dissented, Potter Stewart argued for a case-by-case test that balanced the needs of the grand jury and the interests of journalists. Despite the closeness of the vote, the Branzburg decision would have been less controversial had Justice Lewis F. Powell, who voted with the majority, ...
After the judgment was read, Temeck and her legal team swiftly left the courtroom in the Potter Stewart Courthouse Downtown. Cincinnati lawyer Ben Dusing, representing Temeck, would only say, “We are disappointed and confused” by the verdict. U.S. Attorney Ben Glassman, whose prosecutors Kyle ...
Justice Potter Stewart called the death penalty cruel and unusual “in the same way that being struck by lighting is cruel and unusual.” Gerber began drafting some standards to define the subset of murders that could be considered most heinous and deserving of death. Consulting the Model Penal Code, ...
The isolationist movement folded. The America First Committee — whose members included Charles Lindbergh, future President Gerald Ford, future Peace Corps director Sargent Shriver and future justice of the U.S. Supreme Court Potter Stewart — disbanded three days later. On Sept. 11, 2001, nearly 60 ...
“I shall not today attempt ... to define the kinds of material I understand to be embraced within [that definition] ... But I know it when I see it, and the motion picture involved in this case is not that.” U.S. Supreme Court Justice Potter Stewart in 1959 wrote those words in an opinion on a case concerning the ...

As if anticipating Supreme Court Justice Potter Stewart's famous inability to define pornography, and as if to call into question the state agents' own predilections, a server named Louis Anderson quipped back, “Do you know one when you see it?” Yet, the ABC believed it did, and the Latin Quarter's license ...
In actual Roe versus Wade audio, Justice Potter Stewart notes that the case for abortion would be an almost impossible case if it were established that an unborn fetus is a person within the protection of the 14th amendment. Indiana Statute IC 16-34-2-1.1 confirms that life begins at conception stating “That ...
The line is drawn when “flirting” becomes menacing. And when the intensity of that flirting is amped up when the target rejects those advances. In 1964, Supreme Court Justice Potter Stewart tried to explain "hard-core" pornography/obscenity by saying, "I shall not today attempt further to define the kinds of ...
Because of this, “company culture” is a lot like Supreme Court Judge Potter Stewart's famed description of pornography: “I know it when I see it.” But when it comes to voicing and practicing a sound company culture, Raymond James excels — as I witnessed at last month's event. And I now refer to Raymond ...
American judge Potter Stewart has stated that: “censorship reflects a society's lack of confidence in itself”. In the Pakistani experience, this has ...
Infringements on free speech are becoming familiar territory for YouTube. The company's most recent brush with censorship, however, could be ...
Like Justice Potter Stewart said of pornography “I know it when I see it”. I know what a sexual harasser of women is and Joe Biden unlike the ...
Justices William Douglas, Potter Stewart and Byron White came to the conclusion that entrenched racial biases caused an unacceptable level ...
These two notions both have notoriously elastic definitions. Perhaps the best description comes from the mid-century Supreme Court Justice Potter Stewart. He didn't try to define it, but he said “I know it when I see it.” (He was talking about obscenity, but the same principle applies.) Embedded in that notion, ...
The Potter Stewart U.S. Courthouse in Cincinnati, Ohio, houses the 6th Circuit U.S. Court of Appeals. (Photo: submitted). “In retrospect, it appears clear that Nurse Sims's recommendation should have been for McGaw to be taken to the hospital,” the court continued. “But the question of whether the officers ...
Justice Potter Stewart famously wrote that the death penalty was “cruel and unusual in the same way that being struck by lightning is cruel and ...
Sign of the Times (on a wall at the Coeur d'Alene Library, courtesy of author Potter Stewart): “Censorship reflects a society's lack of confidence ...
Not only did two lefty-loon worthless judges, Potter Stewart and Harry Blackmun go "case shopping" in order to force a decision on the master, ...
Supreme Court Associate Justice Potter Stewart famously said about the difference between art and pornography: “I know it when I see it.
But surely we cannot stop at Justice Potter Stewart's “I know it when I see it” test. That is not replicable or predictable enough to meet basic ...
Florida's highest court may not be able to pinpoint when a friendship gets too close but, as Justice Potter Stewart once said of an unrelated ...
United States Supreme Court Justice Potter Stewart descried his threshold test for obscenity in Jacobellis v. Ohio by essentially stating that he ...
In his majority opinion, Justice Potter Stewart wrote that the Fourth Amendment “protects people, not places.” Katz is notable not only because ...
One might even resort to the same definition that US Supreme Court Justice Potter Stewart famously gave pornography in 1964: “…perhaps I ...
As the Supreme Court wrestled with a 1964 obscenity case, Justice Potter Stewart struggled to define obscenity, and finally settled on his ...
Robert McCoy was adamant that he had not committed a triple murder, but his lawyer conceded his guilt in a bid to avoid the death penalty.
Ohio in which Supreme Court Justice Potter Stewart defined pornography by saying he wouldn't attempt to define it, “But I know it when I see it.
In his dissent, Justice Potter Stewart said that information indicated by the phone numbers revealed personal information, and a warrant would ...
In his majority opinion, Justice Potter Stewart discussed how no data existed showing that people in states that had stricter rules regarding the ...
It's a reminder of what Justice Potter Stewart said when he struggled to define obscenity in a 1964 Supreme Court case about pornography: "I ...
As the Supreme Court wrestled with a 1964 obscenity case, Justice Potter Stewart struggled to define obscenity, and finally settled on his ...
As the Supreme Court wrestled with a 1964 obscenity case, Justice Potter Stewart struggled to define obscenity, and finally settled on his ...
1950s - President Dwight Eisenhower makes recess appointments of Earl Warren, Potter Stewart and William J. Brennan. All three are later ...
It's a little like Justice Potter Stewart's definition of pornography: You know a robot when you see one. You've probably been hearing a lot more ...
But that's what's called a Potter Stewart proposition – named for the Supreme Court justice who said he couldn't define porn, but knew it when ...
But in the words of Justice Potter Stewart, “I don't know how to define Pornography [swaps], but I know it [them] when I see them.” Currently ...
To borrow and paraphrase Justice Potter Stewart's dog-eared line regarding the legal definition of hard-core pornography, we know art when ...
I've met everybody from [late personal injury attorney] Melvin Belli to [former U.S. Supreme Court] Justice Potter Stewart,” the latter of whom is ...


 

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