References: (1‐2 pages)
References: (1‐2 pages)
According to Koppleman’s essay obscenity law deals with sexual and erotic content and the probability of it influencing such thoughts and appealing to prurient interests. The existing law for determining whether a publication is obscene( laid down in Miller v. California) is:…
“You will know it when you see it.” The Miller case determined if something was obscene, the average person, applying the standards must find the entire work, as obscene, the work depicts offensive sexual conduct defined by state law, and that the work as a whole lacks literary, artistic, political, or scientific value.…
* Distributing, disseminating or storing images, text or materials that might be considered indecent, obscene or illegal, considered discriminatory, offensive or abusive, in that the context is a personal attack, or might be considered as harassment…
The first amendment guarantees the right of free expression to all citizens of the United States. Leonard Pitt’s writing “Who decides if it’s art or porn?” brings up a major issue with the first amendment of free expression. Pitts states his thesis towards the end of his article with the two questions, “What is the line where obscenity ends and art begins? And who gets to say?” I’m not entirely sure about the answer to the first question, but I do know that the government and the judges of the court have the power to decide what the difference is.…
Pornography is defined as depicted sexual behavior that’s serves to sexually excite. Obscenity is items which “lack serious literary, artistic, political or scientific value.” Obscene material may be acceptable within ones home however this does not include material which depicts minors or the public exhibition of obscene material.…
-Child pornography is described as: “Includes visual representations of 18 years and is engaged in or is depicted as engaged in explicit sexual activity and/or visual representation. Child Pornography also includes representations/written material that advocated or counsels sexual activity with a person under the age of 18 years, that would be an offence under the criminal code.” As described under section 163 of the criminal code.…
Obscenities and nudity has become increasingly popular in recent years. The parental watchdog group Parents Television Council “PTC” documented a rise of approximately 94% in the early 2000’s. They also documented that the increased seemed to come between 8p – 9p during what is considered the “family hour”. The difficulty with regulating this comes from the fact that it is covered under the First Amendment but also the need to protect children during their viewing hours.…
Defining Profanity. The New Oxford American Dictionary (Stevenson & Lindberg, 2005) defines profanity as “irreligious or irreverent behavior”. Here I will elaborate upon this definition using verbal behavior taxonomy to signal…
Hays code was released to counter the content of films. The guidelines impacting the entertainment industry included: crime, sex, vulgarity, obscenity, profanity, costume, dances, locations, national feelings, titles, and repellent subjects. For example, in a guideline listed under crimes against the law, “These shall never be presented in such as way as to throw sympathy with the crime as against the law and justice or to inspire others with a desire for imitation.” (Hays Code) furthermore, another guideline in regard to sex stated: “The sanctity of the institution of marriage and the home should be upheld, pictures shall not infer that low forms of sex relationship are the accepted or common thing.” (Hays…
First, the law, as written, is overbroad, prohibiting otherwise legal, non-obscene images depicting teenagers engaging in sexual activity, such as filmed depictions of Romeo and Juliet or Lolita.…
The Production Code listed three ''General Principles,'' including ''No picture shall be produced that will lower the moral standards of those who see it. Hence the sympathy of the audience should never be thrown to the side of crime, wrongdoing, evil or sin.'' The Production Code also listed a variety of ''Particular Applications,'' many of which applied to sexuality: no nudity, no ''sexual perversion'' (i.e., homosexuality), no adultery, and no miscegenation. ''Scenes of Passion'' were to be avoided along with any other treatments that might ''stimulate the lower and baser element.''…
knowing how to define pornography, we are apt simply to throw up our hands in frustration and…
violence such as brutality and racism. Therefore, it’s a discourage to say that pornography is…
One must distinguish “obscene” material, speech not protected by the First Amendment, from “indecent” material, speech protected for adults but not for children. The Supreme Court also ruled that “higher standards” may be established to protect minors from exposure to indecent material over the airwaves. In FCC v. Pacifica Foundation the court “recognized an interest in protecting minors from exposure to vulgar and offensive spoken language.”…
Obscene material, "is not protected by the First Amendment," (361) to the Constitution and cannot be broadcast at any time. On the other hand, indecent material is protected by the First Amendment and cannot be banned entirely. It may, however, be restricted in order to avoid its broadcast during times of the day when there is a reasonable risk that children may be in the audience.…