Your friend may be referring to Supreme Court Justice Potter Stewart's
famous famous "definition" of hard-core pornography, "I know it when I
see it."
Here is his one-paragraph concurring opinion in that case (the quote
is near the end):
"It is possible to read the Court's opinion in Roth v. United States
and Alberts v. California, 354 U.S. 476 , in a variety of ways. In
saying this, I imply no criticism of the Court, which in those cases
was faced with the task of trying to define what may be indefinable. I
have reached the conclusion, which I think is confirmed at least by
negative implication in the Court's decisions since Roth and Alberts,
1 that under the First and Fourteenth Amendments criminal laws in this
area are constitutionally limited to hard-core pornography. 2 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."
Jacobellis v. Ohio, 378 U.S. 184 (1964)
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=378&invol=184 |