JULIEN PROSKAUER Meaning and
Definition
-
Julien Proskauer refers to a legal test utilized in the United States to assess the obscenity of a particular book, film, artwork, or other forms of media. Named after the lawyer who formulated it, Julien J. Proskauer, this test was established in the 1947 case United States v. One Book Called "Ulysses." The impact of this test lies in its evaluation of the alleged work's effect on an "average person, applying contemporary community standards."
The Julien Proskauer test primarily examines three key elements in order to determine the obscenity of a work: prurient interest, patent offensiveness, and lacking social value. Prurient interest refers to a focus on sex to an excessive degree that would provoke lust or improper thoughts. Patent offensiveness deals with explicit depictions or descriptions that could be considered offensive or repugnant to the general public. Lastly, lacking social value implies that the work in question fails to offer any redeeming or insightful qualities, promoting explicit content without any artistic, educational, or other substantive merit.
This test is employed by courts throughout the United States to evaluate obscenity cases, playing a significant role in determining whether a particular work can be considered protected under the First Amendment's freedom of speech and expression rights. The use of the Julien Proskauer test seeks to strike a balance between allowing artistic freedom and protecting society from potentially harmful or indecent material.
