What test for obscenity was established in R v. Hicklin (1868)?

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In the ruling of R v. Hicklin (1868), the test for obscenity established focuses on whether the material in question corrupts those who are deemed susceptible to immoral influences. This means that the court looks at the potential effect of the material on individuals, particularly those who might already be inclined towards immorality or be easily swayed by it. The test is concerned with the impact of the material on the most impressionable members of society rather than on community standards or the overall artistic value of the material.

This understanding is important as it shifts the emphasis away from a broader societal perspective to one that considers individual vulnerability. The context of the ruling underlines a protective stance towards certain segments of the population, implying an expectation that society must shield them from potential moral harm.

Other concepts, such as public disorder, community standards, and artistic merit, do not align with the Hicklin test. Instead, they represent alternative views on how obscenity might be defined or approached in legal frameworks, but they were not part of the foundational parameters set by the Hicklin case.

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