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Sexually Oriented Speech
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Sexually Oriented Speech. Chapter 11. “Adult” film industry much bigger than Hollywood. “ Lewd and obscene ” are of “ slight social value ” and not protected by First Amendment. Justice Frank Murphy ( Chaplinsky v. New Hampshire, 1942).
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Sexually Oriented Speech
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Sexually Oriented Speech
Chapter 11 “Adult” film industry much bigger than Hollywood - “Lewd and obscene” are of “slight social value” and not protected by First Amendment Justice Frank Murphy (Chaplinsky v. New Hampshire, 1942) Regulation of Obscenity
- Harry Clordescribes the obscene as making offensively public that which should be kept private. Regulation of Obscenity
- Miller v. California (1973) results from sexually-charged brochures sent in the mail. Regulation of Obscenity
- The Millertest Regulations must be highly specific Look at the work as a whole “Community” is not the whole USA Work must appeal to prurient interest Work must be patently offensive Chief Justice Warren Burger Regulation of Obscenity
- The Miller “SLAPS” test Regulation of Obscenity Serious . . . Literary Artistic Political; or Scientific value
- National standard used But state of GA could not forbid Carnal Knowledge Sexually Oriented Speech
- The porn jurors’ lament: Sexually Oriented Speech
- Is the average person in my community a reasonable person? Regulation of Obscenity
- Thematic Obscenity Regulation of Obscenity Works cannot be found obscene because of their sexually heretic themes Lady Chatterley’s Lover Last Temptation of Christ The Woodsman
- Privacy of the home Stanley v. Georgia (1969) Privacy doctrine does not extend to: Seeing films at “adults only” theatres Importing obscenity Carrying obscenity across state lines Mailing obscenity Regulation of Obscenity
- Variable Obscenity Regulation of Obscenity Definition relaxed if: Sold to children Aimed at a specialized target audience Pandering
- Child Pornography Regulation of Obscenity Prohibits use of Child Actors, Models Laws can reach distribution/possession also
- Goal: to prevent child abuse Regulation of Obscenity No SLAPS test Need not consider whole work No patent offensiveness requirement No prurient interest requirement Law reaches mere possession
- Child Pornography:Further complications CLICK HERE to see relevant scene from American Beauty Regulation of Obscenity Clothed models can be prohibited Computer-generated “children” cannot be prohibited What if “child” is NOT a child?
- New wrinkle: Sexting Sexually Oriented Speech
- Sexting laws not designed for “grown ups” Discussion of Media and Rep. Weiner Regulation of Obscenity
- “The” Feminist Response Andrea Dworkin& Catherine MacKinnon Regulation of Obscenity Emphasizes harmful effects on women Degrading depictions Encouraging misogynist views Leading men to act violently?
- Hudnut decision Andrea Dworkin& Catherine MacKinnon Regulation of Obscenity Struck down model “femporn” law Lacked several protections from Miller Punished specific viewpoints
- Zoning Can concentrate or disperse “adult-oriented” businesses Generally upheld if they: Are aimed at “secondary effects” Do not effectively shut down the whole category Are not overly restrictive Regulation of Obscenity
- Public Nuisance Laws Mostly used against places where sexual conduct takes place Truly “expressive” activities might be permitted to go on Can also be used against public display of nudity [e.g., Dallas and 1975 Newsweek cover] Regulation of Obscenity
- Sex toys not (yet?) protected Comment on 2010 Ala. Sup Ct decision Sexually Oriented Speech
- Racketeering Statutes Regulation of Obscenity Selling obscene works twice in ten years is the trigger for federal RICO Punishments can include: Huge fines, and 20 years in jail Forfeiture of assets, including private property
- Government Sponsorship Karen Finley Regulation of Obscenity Government as speaker can engage in viewpoint discrimination Government as sponsor--NEA v. Finley (1998) OK for government to take into account general standards of “decency” But not to engage in viewpoint discrimination
- Chris Ofili’s elephant dung sculpture Federal court prohibited NYC from punishing the Brooklyn Museum Sexually Oriented Speech
- Postal Regulations Regulation of Obscenity Goldwater Amendment Homeowner opts out of receiving ANY “sexually oriented” mailings PO notifies companies on its list Pandering Act Homeowner identifies a specific mailing PO notifies that mailer never to send again
- Nadine Strossen defends pornography Regulation of Obscenity
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