Application of the Act Obscene Publications Act 1857

the act did not define obscene , leaving courts devise test, based on common law.

regina v. hicklin heard in 1868 , involved 1 henry scott, resold copies of anti-catholic pamphlet entitled confessional unmasked: shewing depravity of romish priesthood, iniquity of confessional, , questions put females in confession. when pamphlets ordered destroyed obscene, scott appealed order court of quarter sessions. benjamin hicklin, london magistrate in charge of such orders recorder, revoked order of destruction. hicklin held scott s purpose had not been corrupt public morals expose problems within catholic church; hence, scott s intention innocent. authorities appealed hicklin s reversal, bringing case consideration of court of queen s bench.

chief justice cockburn, campbell s successor lord chief justice, reinstated order of lower court, holding scott s intention immaterial if publication obscene in fact. justice cockburn reasoned obscene publications act allowed banning of publication if had tendency ... deprave , corrupt minds open such immoral influences, , hands publication of sort may fall. test became known hicklin test , allowed portions of suspect work judged independently of context. if portion of work deemed obscene, entire work outlawed.

this interpretation major change campbell s opinion ten years before – test being effect on open corruption obtained copy, not whether material intended corrupt or offend.

cockburn s declaration remained in force several decades, , of high-profile seizures under act relied on interpretation.