COM 350 Fall 2013

Dr. Zukas
Jordyn Milton
Kois vs Wisconsin
Defendant John Kois was the editor of a highly progressive
underground Madison newspaper called Kaleidoscope, in addition to
being editor Kois was also acting publisher. On two separate occasions
Kois printed explicit material. The first occurrence was in the May 1968
issue which featured a story called The One Hundred Thousand Dollar
Photos. The story was of a Kaleidoscope photographer who was
arrested and charged with possession of obscene material. In addition
to the story detailing the photographers experience the newspaper
editorial contained two similar explicit nude images. These images
were of a nude man and woman embracing. In its August 1968 issue,
Kaleidoscope published a two-page story consisting of eleven poems,
one of which was entitled Sex Poem. The poem was a detailed
description of the authors sexual encounter. Due to these two
occurrences The Wisconsin Supreme Court charged Kois with violating
a Wisconsin statute which prohibits the distribution of lewd, obscene
or indecent written material, picture, sound recording, or film. Wis.
Stat. 944.21 (1) (a) (1969).
Facts:
In order to establish what is obscene the court must first prove that to
the average person, applying contemporary community standards
would find that work, taken as a whole, appeals to the prurient
interest. Second, the material must depict or describe sexual conduct
in a patently offensive way that is specifically defined by state law.
Third, the work, taken as a whole, must lack serious literary, artistic
political or scientific value. The test is conjunctive; all three parts
must be met if a work is to be ruled obscene and therefore outside of
constitutional protection.
For a work to be obscene, it must, be taken as a whole.
Prurient--marked by or arousing an immoderate or unwholesome
interest or desire; especially marked by, arousing, or appealing to
sexual desire
Kaleidoscope was a subversive, open-minded, boundary pushing
publication, with a small circulation (about 3500 copies). It first began
publication in October 1967 and ceased in November 1971, with a total
of 150 issues.

Defendant was charged with violating Wisconsin statute, prohibiting

dissemination of lewd, obscene or indecent written matter, picture,
sound recording, or film. Wis. Stat. 944.21 (1) a (1969).