Essay On Obscenity

Superior Essays
The joke has been made by some that if prostitution is indeed the world’s oldest profession, than pornography must be the world’s oldest expression. Indeed, the very word pornography was originally used to describe any art or literature that depicted the life of prostitutes (Jenkins, 2014), while obscenity is a word believed to have come from the Middle French word obscène in the late 16th century, meaning “offensive to the senses, or to taste and refinement” (Harper, 2001).
In order to completely examine the idea of obscenity, its role and how it is handled in today’s legal society, one must first take a look at the legal definition of obscenity, including how it is related to and different from pornography, how it has evolved, and the problems currently associated with it. This paper will briefly examine the history of how obscenity has been defined and dealt with in the United States, apply a personal view to the standards set by the “Cambria” list, and discuss the effect the internet has had on the way the courts now deal with obscenity cases.
Pornography vs obscenity
Pornography is widely defined as material which deals with sex, and is designed to sexually arouse the
…show more content…
The list includes possible moral objections, such as “no coffins” and “no incest topics,” as well as a number of hygiene-related objections such as “no spitting/saliva mouth to mouth” “no food used as a sex object,” “no girls sharing [the] same dildo,” and “no menstruation topics” (American Porn, 2002). Interestingly, the list on the “Paul Cambria” Wikipedia page lists more prohibited acts than the list on the PBS “Frontline: American Porn” webpage, including the use of, “animals,” “adults appearing to be underage,” and “subjects involving the

Related Documents

  • Improved Essays

    Sex and nudity can not be exploited with limit by films and pictures through the exhibition or selling in places of public accommodations any more than live sex and nudity can be exhibited or sold in public places. Suppression of obscene material that is unprotected by the First Amendment is permissible to avoid exposures to juveniles and nonconsenting adults. Concurring Opinions:…

    • 444 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    The sixteenth chapter of How to Read Literature Like a Professor has the sole purpose of introducing readers to the sexual potential in works of art. But Thomas C. Foster stresses that the sexuality lingering in a novel doesn’t have to be explicit and that in a great deal of older works it isn’t. He explains how different objects were used as symbols for certain reproductive organs in a sort of half-hearted censorship. His examples include lances and swords due to their phallic nature while chalices and bowls represent female sexual organs (Foster 147). This type of censorship can mostly be attributed to the Hayes Code but is also a result of a less permissive time.…

    • 232 Words
    • 1 Pages
    Improved Essays
  • Improved Essays

    In February 15th, 2003, the episode of a long-running ABC TV show “NYPD Blue,” “Nude Awakening” has premiered, and became controversial, due to a scene involving nudity. Over the last few years, the terms “indecency” and “obscenity” has been defined and redefined, in order to create proper regulations on programs’ usage of mature content on television. This rule has become more prominent in primetime programs, but not in cable programs since they depend on subscriptions. Ever since cable was introduced, primetime had to frequently compete with cable because the primetime shows had shown decline in ratings as a result of cable’s success. This is partially due to cable’s incorporation of adult content that can’t be often presented on network programming, primarily during daytime and evening.…

    • 595 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    In the case of Miller vs California, Miller is charged because he began sending obscene material to a restaurant owner in which they were sensitive to the specific material that they received. To determine what obscene material really is, took two court cases to give a meaning what people or a community perceived some material as obscene. The biggest argument about portrayed obscene material is, what is covered by the First Amendment. The first amendment protects our right of free speech and representation of expression. Some people may view expression of sexually obscene material as right given to them by that First Amendment.…

    • 1312 Words
    • 6 Pages
    Improved Essays
  • Improved Essays

    1. In the midst of developing a country for a rag-tag team of British outcasts, the founding fathers did not take much interest in how to regulate obscenity and pornography. The first amendment protected the freedom of speech, but the fathers were more interested in expanding their vocabulary to anything past “God save the queen,” rather than limiting the obscenities in their very puritanical culture. Today’s interpretation of the first amendment allows anything that passes the three standards set by Justice Warren Burger to be considered protected by the first amendment.…

    • 362 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Miller Vs California

    • 727 Words
    • 3 Pages

    California (1973), Marvin Miller, the owner of a mail order pornography business, violated California Law by knowingly distributing brochures that graphically promoted his products, which ended up in the hands of business owners and other individuals who did not request the brochures. Miller argued and “sought to clarify the constitutional definition of obscene material subject to regulation by the States.” (Riggs, 1981, pg. 250). It was here that the courts established a new test to determine whether materials crossed the line from expressive to unprotected obscenity. In the new tests, juries were subjected to determine whether individuals would find the material appealing to prurient interest, whether the material depicts offensive sexual conduct, specifically defined by law, and whether the material has any artistic, scientific or political value.…

    • 727 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    According to an article in The Columbus Dispatch, in late September, Ohio’s 10th District Court of Appeals decided to uphold the conviction and jail sentencing of Sheila Kearns (Bush, p.1). Kearns was a former substitute teacher at East High School in Columbus, Ohio who was “found guilty of disseminating material harmful to juveniles” (Bush, p.1). This conviction was due to Kearns showing the original “ABCs of Death” to the Spanish classes she was substituting in for that day (Bush, p.1). In the original trial, Kearns admitted that she showed the film because she thought it contained “Spanish-language scenes”, however Kearns had not actually ever seen the film and had her back turned the entire time (Bush, p.2). The appellate court reviewed…

    • 758 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    The biggest argument about portrayed obscene material is, what…

    • 1548 Words
    • 7 Pages
    Improved Essays
  • Improved Essays

    The article by Steven Seidman made the claim that the United States government was able to take control of people’s sexuality, but over time has had a diminished role due to the protests from its citizens. Seidman split the article into four categories, Right to be Sexual, Women’s Sexuality, Homosexuality, and Interracial Marriage. By splitting the categories into different sections, the author was able to provide a more in-depth look at the claim and explain where the government was interfering with sexuality in different parts of society. Seidman’s claim displayed how the American government was far behind other countries in sexual tolerance. The article opened explaining how, “moral panic led to stepped-up state control over the bodies and…

    • 810 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Gender and Sexuality from the Medieval to the 19th Century Throughout written history there have been a set of rules about typically anything one can fathom, from style of dress to the way one could worship, from who could own land to how a certain person could wear their hair. It is no surprise that these rules, enforced by society through social and judicial means, extended themselves into the subject of sexuality even if the terminology was different during the period. We get concepts of good and bad repeatedly throughout different times and different subjects simply to define what is acceptable, and unacceptable within a culture. Within the history of sexuality, from early medieval times to the late Victorian period (the 19th Century)…

    • 1513 Words
    • 6 Pages
    Improved Essays
  • Improved Essays

    This trafficking activity lasted for decades and extent of the problem was much worse than that of “the white slave trade,” yet there was much less concern from the general public. At its peak, there were roughly 1,500 to 2,000 Chinese women forced into sex slavery in San Francisco, but there wasn’t a wide public uproar because of rampant anti-Chinese sentiment. Oddly enough, our nation’s first drug laws were directly related to anti-Chinese sentiment as the newspapers proclaimed that Asian men were forcing white women into sex slavery with opium. As a result, that propaganda had a double whammy effect of sorts as it led to both drug and prostitution laws.…

    • 1094 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    Helen Longino Pornography

    • 1318 Words
    • 6 Pages

    Pornography The pornographic industry has a reputation of being a causal factor in the degradation of women for the satisfaction of the current patriarchal society. Feminist Helen Longino defines pornography as the “verbal or pictorial explicit representations of sexual behavior that… have as a distinguishing characteristic ‘the degrading and demeaning of the role and status of the human female as a mere sexual object to be exploited and manipulated sexually’” (106). She distinguishes pornography from what she considers to be a more acceptable form of sexual imagery that she labels as erotica.…

    • 1318 Words
    • 6 Pages
    Superior Essays
  • Superior Essays

    Defining sexuality only in reproductive terms left no place for working class sexuality along with strict regulation of public sexuality such as art, media, and medicine. The success of Comstock’s law reveals how the moral reform that had been present since the early nineteenth century was now being supported by federal and state governments in an attempt to politicize sexuality. Furthermore, the definition of obscenity that was formed stemmed from a middle class discomfort with working class sexuality as the middle class came to value sexual restraint over all other principles. However, just like before, the…

    • 1665 Words
    • 7 Pages
    Superior Essays
  • Superior Essays

    Traditionally, government has kept a tight lid on sexual traffic and businesses, but in matters of pornography that has decreased almost completely, except where child pornography is concerned. Given the massive, harm to an individual, their marriage, family, and social effects of pornography, it is time for citizens, communities, and government to reconsider their lazy approach. (PATRICK F. FAGAN)…

    • 1567 Words
    • 7 Pages
    Superior Essays
  • Superior Essays

    Pornography Pornography which in most cases is referred to as porn is all that which consists of the sexually explicit contents which aim at sexually arousing an individual. With the advancements in technology, pornography is made viewable just by a click of a button provided one has an internet connection. In other cases, it is available in literature, magazines, audios and many other platforms. Some of the questions which are subject to debate include, what are some of the effects of porn on us? Can it be considered as a pastime or a malignant addiction?…

    • 1141 Words
    • 5 Pages
    Superior Essays