I know it when I see it

The phrase "I know it when I see it" is a colloquial expression by which a speaker attempts to categorize an observable fact or event, although the category is subjective or lacks clearly defined parameters. The phrase was famously used in 1964 by United States Supreme Court Justice Potter Stewart to describe his threshold test for obscenity in Jacobellis v. Ohio. In explaining why the material at issue in the case was not obscene under the Roth test, and therefore was protected speech that could not be censored, Stewart wrote:

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, and the motion picture involved in this case is not that.

The expression became one of the most infamous phrases in the entire history of the Supreme Court. Though "I know it when I see it" is widely cited as Stewart's test for "obscenity", he never used the word "obscenity" himself in his short concurrence. He only stated that he knows what fits the "shorthand description" of "hard-core pornography" when he sees it.

Stewart's "I know it when I see it" standard was praised as "realistic and gallant" and an example of candor.

The Supreme Court of the United States' rulings concerning obscenity in the public square have been unusually inconsistent. Though First Amendment free speech protections have always been taken into account, both Constitutional interpretationalists and originalists have limited this right to account for public sensibilities. Before Roth v. United States in 1957, common law rules stemming from the 1868 English case Regina v. Hicklin have articulated that anything which "deprave[s] and corrupt[s] those whose minds are open to such immoral influences" was said to be obscene, and therefore banned. The Roth case gave a clearer standard for deciding what constitutes pornography, stating that obscenity is material where the "dominant theme taken as a whole appeals to the prurient interest", and that the "average person, applying contemporary community standards" would disapprove of, reaffirming the 1913 case United States v. Kennerley. This standard allowed for many works to be called obscene, and though the Roth decision acknowledged "all ideas having even the slightest redeeming social importance [...] have the full protection of guaranties [sic]", the Justices put public sensibility above the protection of individual rights.

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Wikipedia