I know it when I see it

The phrase "I know it when I see it" is a colloquial expression by which the user attempts to categorize an observable fact or event, although the category is subjective or lacks clearly-defined parameters. This phrase is best known as a description of a threshold of obscenity, no longer used, which is not protected speech under the First Amendment of the United States constitution. Exhibition of obscene material may be a criminal offense. It appeared in "Jacobellis v. Ohio" (1964), decided by the United States Supreme Court.

Justice Potter Stewart used the phrase in his concurring opinion in "Jacobellis v. Ohio" 378 U.S. 184 (1964). He wrote:

"I shall not today attempt further to define the kinds of material I understand to be embraced within that shorthand description; and perhaps I could never succeed in intelligibly doing so. But "I know it when I see it", and the motion picture involved in this case is not that." (emphasis added)

This expression became "one of the most famous phrases in the entire history" of the Supreme Court. [Paul Gewirtz, "On 'I Know It When I See It'", "Yale Law Journal", Vol. 105, pp. 1023-1047 (1996)]

Stewart's "I know it when I see it" standard was praised as an example of "" [Richard A. Posner, "Law and Literature: A Misunderstood Relation" p.308 (1988)] or " and ", [Harry Kalven, Jr., "A Worthy Tradition: Freedom of Speech in America", p.40 (1988)] though it has been criticized for its lack of concreteness.

ee also

* Duck test
* Elephant test

References

External links

* [http://library.findlaw.com/2003/May/15/132747.html Movie Day at the Supreme Court or "I Know It When I See It": A History of the Definition of Obscenity]