Benjamin Hicklin facts for kids

Benjamin Hicklin (born November 11, 1816 – died March 16, 1909) was an important person in Wolverhampton, England. He was a Justice of the Peace, which means he helped keep law and order. Benjamin Hicklin also worked as a lawyer, a farmer, and a licensed carrier (someone who transports goods). He even served as the Mayor of Wolverhampton from 1859 to 1860.

The Hicklin Case

Benjamin Hicklin was involved in a famous legal case. It was about a man named Henry Scott from Wolverhampton. Henry Scott was selling pamphlets that some people found controversial. These pamphlets were from a group called the Protestant Electoral Union.

The local council's Watch Committee thought parts of the pamphlet might break a new law. This law was called the Obscene Publications Act 1857. It was about what kind of books and materials could be sold to the public.

A police officer was asked to bring a complaint to two local justices. Benjamin Hicklin was one of these justices. They decided that the pamphlets should be taken away and destroyed. About 252 pamphlets were seized.

Henry Scott did not agree with this decision. He appealed the order in May 1867. The judge at the appeal overturned the justices' order. He said the pamphlets should be returned to Scott. However, this decision was then sent to a higher court, the Court of the Queen's Bench, for their opinion.

In April, the higher court made its final decision. They said that the first decision by the justices, including Benjamin Hicklin, was correct. They decided that the pamphlets should not be returned to Henry Scott.

The Hicklin Test

The Hicklin Test is a very important legal test that came from this case. It was created in England to decide what kind of material was considered "inappropriate" or "harmful" for the public. The test helped courts understand the word "obscene" in the 1857 law. This law allowed for the destruction of books that were seen as inappropriate.

The court decided that any material that could "harm or mislead people, especially those easily influenced," was considered inappropriate. This was true even if the material had artistic or literary value.

This test was later used in American courts for a while. It was used when applying the 1873 Comstock laws, which also dealt with what could be published. However, the Hicklin Test was later changed in the United States. It did not fit well with the idea of First Amendment rights, which protect freedom of speech.

Politics and Public Service

Benjamin Hicklin was an important figure in his community. He served as the Mayor of Wolverhampton. This was from 1859 to 1860. Being a mayor is a big responsibility. It means leading the city and making decisions for its people.

Family Life

Benjamin Hicklin was born in Wolverhampton on November 11, 1816. His father was Benjamin Hickin, who worked with boats at a wharf. His mother was Elizabeth Barney.

When he was 15, in 1832, Benjamin Hicklin began training to become a lawyer. He trained for five years with a lawyer named Joseph Foster. By 1844, he was living in a place called Graiseley House. He also owned part of some houses and land with his older brother, James.

In 1848, Benjamin Hicklin married Mary Hatfield. She was from Rugeley, Staffordshire. They lived in different places in Staffordshire, including Wightwick and then The Holmes. After Benjamin Hicklin retired from his work, they moved to Worthing, in Sussex, England. He passed away there in 1909 when he was 92 years old.