Judging Obscenity: A critical History of Expert Evidence

Louis A. Knafla is a professor of history at the University of Calgary,
the co-editor of Law, Society, and the State, and the author of Lords
of the Western Bench.

Definitions of obscenity have changed drastically over the past century.
In this book Christopher Nowlin, a Vancouver barrister specializing in
criminal and constitutional law, presents a critical and well-researched
history of the major cases in Canada and the United States. His aim is
to assess the role that “expert witnesses” have played in these
trials, and more specifically on the way in which these witnesses have
used and misused “facts” to validate their opinions.

There are chapters on the constitutional background, legislative
factors shaping public policy, and indecency laws. Occupying a third of
the book is a chapter titled “From Sadomasochism to Child
Pornography,” which examines gay and lesbian Charter litigation from a
wide range of intellectual perspectives; the linchpin was the 1994
Little Sister’s trial, at which 30 witnesses from across North America
testified about gay and lesbian sexuality, literature, and community
life.

Nowlin concludes that much of obscenity law has developed from dubious
expertise and social science research conclusions; that much of the
research is contentious and not conclusive; that most judges do not
consult widely on these issues, ignoring the opinions of people from
many walks of life and the “democratic” nature of our society. His
readable and informative book will appeal to the general public as well
as to academics; it should also be read by judges and legislators.