In recent years, problems surrounding the law of obscenity have become increasingly important and this development has resulted in a corresponding awareness of these problems by the courts, both state and federal. This awareness is now being extended into the military legal field. Two recent decisions, one by the United States Court of Military Appeals and the other by an Army board of review, have focused attention on the military's handling of obscenity problems under the Uniform Code of Military Justice. These recent decisions encompass issues occurring in civilian practice as well as issues peculiar to the military. Before any analysis of these and related decisions can be undertaken, however, it would be well to investigate the legal and practical tests for determining obscenity in order to avoid the error committed by one international convention. In the 1930's this convention met in Geneva to discuss the common problem of controlling the publication and dissemination of obscenity. Even after prolonged and heated debate the convention was unable to agree on a working definition of obscenity. But, as one noted author put it, after concluding that they didn't know what they were talking about, the convention members settled down to discuss the subject.
Harvey L. Zuckman, The Law of Obscenity and Military Practice, 20 MIL. L. REV. 43 (1963).