[1] The court held that all material tending "to deprave and corrupt those whose minds are open to such immoral influences" was obscene, regardless of its artistic or literary merit.
[3] Lord Campbell, the Chief Justice of Queen's Bench, introduced the bill, which provided for the seizure and summary disposition of obscene and pornographic materials.
Chief Justice Cockburn, on April 29, 1868, reinstated the order of the lower court, holding that Scott's intention was immaterial if the publication was obscene in fact.
[10] However, in 1933, the Hicklin test ended on the federal level when, in United States v. One Book Called Ulysses, 72 F.2d 705 (2d Cir.
Avoiding the Hicklin test, he said instead that in evaluating obscenity, a court must consider (1) the work as a whole, not just selected passages that could be interpreted out of context; (2) the effect on an average, rather than the most susceptible person; and (3) contemporary community standards.