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In 1964, Nico Jacobellis, the manager of a movie theater in Cleveland Heights, Ohio, was fined $2,500 and accused of violating Ohio’s obscenity statutes, all because he screened a then-controversial French film about adultery. Even though the state Supreme Court upheld the charges against him, the case went all the way to the United States Supreme Court, where the justices were tasked with determining whether the flick — and Jacobellis’ willingness to show it on the big screen — should’ve been protected by the First Amendment.
The Court overturned the charges against him, but it wasn’t unanimous, and the justices couldn’t agree on a definition for what constituted obscene material, and how freedom of speech should (or shouldn’t) apply. “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,” Justice Potter Stewart famously wrote. “But I know it when I see it.” That phrase — “I know it when I see it” — has become an accepted way to define something that is otherwise difficult to define, like what is or isn’t an obscene movie. Or what is or isn’t a condiment.
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