Regina v. Hicklin, L.R. 3 Q.B. 360 (1868)

Quick Summary

This case answers a basic question: Were the pamphlets obscene? The court said yes. The rule it set is famous as the Hicklin test: ask whether the material tends to deprave and corrupt those open to immoral influence, especially vulnerable readers. Good motives cannot excuse an unlawful means.

Issues

• Whether the pamphlets titled “The Confessional Unmasked” could be considered obscene.

Rules

• Hicklin Test: The test of obscenity is whether the matter tends to deprave and corrupt those whose minds are open to such influence and into whose hands it may fall.
• Motive vs Means: A good purpose cannot justify an unlawful, obscene publication; the effect on readers is decisive.

Focus on effect on susceptible readers, not merely author’s intent.

Arguments

Judgment

Held: The pamphlets were obscene. The court said they would put impure, libidinous thoughts into the minds of young and susceptible readers. The intention to do good was immaterial; the law forbids publishing an obscene work.

Ratio Decidendi

The legal test is the tendency of the material: if it is likely to deprave and corrupt those open to such influence, it is obscene. Purpose does not cure effect.

Why It Matters

• Established an early and influential standard for obscenity analysis.
• Shifts focus from author’s motive to reader impact, especially on vulnerable groups.
• Important for understanding the evolution of speech regulation.

Key Takeaways

1. Hicklin test: Look at corrupting tendency on susceptible readers.
2. Motive immaterial: “Good end” cannot justify unlawful means.
3. Outcome: Pamphlets held obscene and unlawful.

Mnemonic + 3-Step Hook

Mnemonic: “Tend to Corrupt, Intent Doesn’t Interrupt.”

1. Tend: Ask about tendency to deprave and corrupt.
2. Corrupt: Focus on vulnerable readers, not just average adults.
3. Intent Doesn’t Interrupt: Good motive cannot sanitize obscenity.

IRAC Outline

Issue: Are the pamphlets obscene under the law?

Rule: Hicklin test—tendency to deprave and corrupt susceptible minds.

Application: Explicit passages likely to implant impure thoughts in youth and vulnerable readers; intention to reform is irrelevant.

Conclusion: Pamphlets are obscene; publication unlawful.

Glossary

Obscene

Material that tends to deprave and corrupt susceptible readers.

Tendency

Likely effect on readers, not just isolated intent of the author.

Vulnerable Readers

Those open to immoral influence (e.g., youth), central to the Hicklin test.

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