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RE: Mislabeling as the Greater Crime

in Snapie13 days ago (edited)

Really well analyzed.

In the pursuit of academic accuracy we should not completely deny our instincts. This might be the case of "I know it when I see it."


The phrase comes from a famous opinion by Potter Stewart, a justice on the Supreme Court of the United States, in the 1964 obscenity case Jacobellis v. Ohio.

The actual quote was:

“I shall not today attempt further to define the kinds of material I understand to be embraced within that shorthand description [‘hard-core pornography’]; and perhaps I could never succeed in intelligibly doing so. But I know it when I see it.”

Stewart was explaining the difficulty of creating a precise legal definition for “hard-core pornography” or obscenity. The Court was trying to decide whether a film was legally obscene and therefore unprotected by the First Amendment.

Over time, the quote got shortened and paraphrased into versions like:

“Pornography cannot be defined, but you know it when you see it.”
“I can’t define pornography, but I know it when I see it.”

The phrase became culturally famous because it captures a broader idea: some categories are hard to define formally, yet people feel they can recognize them intuitively. It’s now used far beyond pornography law — in aesthetics, politics, AI, ethics, and everyday speech.


As an atheist, I know that this is partially hypocritical, because I'm allowing personal experience to have a lot of power in this case. The reason it's partial though, is because I'm basing the experience on a natural phenomena.