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A straightforward and stimulating account of this fascinating area of law that covers all the key topics on undergraduate human rights modules. It includes detailed analysis of key cases throughout that puts the law into context and encourages students to engage with contemporary issues and debates.
The concept of obscenity is an ancient one. But as Joan DeJean suggests, its modern form, the same version that today's politicians decry and savvy artists exploit, was invented in seventeenth-century France. The Reinvention of Obscenity casts a fresh light on the mythical link between sexual impropriety and things French. Exploring the complicity between censorship, print culture, and obscenity, DeJean argues that mass market printing and the first modern censorial machinery came into being at the very moment that obscenity was being reinvented—that is, transformed from a minor literary phenomenon into a threat to society. DeJean's principal case in this study is the career of Moliére, who cannily exploited the new link between indecency and female genitalia to found his career as a print author; the enormous scandal which followed his play L'école des femmes made him the first modern writer to have his sex life dissected in the press. Keenly alert to parallels with the currency of obscenity in contemporary America, The Reinvention of Obscenity will concern not only scholars of French history, but anyone interested in the intertwined histories of sex, publishing, and censorship.
Obscenity is not protected by the First Amendment and therefore may be banned. Other pornography or indecency may be regulated to serve compelling government interest provided that the least restrictive means available is used. Contents: Summary; Constitutional Principles; Federal Obscenity and Indecency Statues; Cable Television; The Communications Decency Act of 1996; Child Online Protection Act; Child Internet Protection Act; RICO; Wiretaps; The Customs Service Provision; Index.
A New York Times Book Review Editors’ Choice Selection A “volume of lasting significance” that illuminates how the clash between sex and religion has defined our nation’s history (Lee C. Bollinger, president, Columbia University). Lauded for “bringing a bracing and much-needed dose of reality about the Founders’ views of sexuality” (New York Review of Books), Geoffrey R. Stone’s Sex and the Constitution traces the evolution of legal and moral codes that have legislated sexual behavior from America’s earliest days to today’s fractious political climate. This “fascinating and maddening” (Pittsburgh Post-Gazette) narrative shows how agitators, moralists, and, especially, the justices of the Supreme Court have navigated issues as divisive as abortion, homosexuality, pornography, and contraception. Overturning a raft of contemporary shibboleths, Stone reveals that at the time the Constitution was adopted there were no laws against obscenity or abortion before the midpoint of pregnancy. A pageant of historical characters, including Voltaire, Thomas Jefferson, Anthony Comstock, Margaret Sanger, and Justice Anthony Kennedy, enliven this “commanding synthesis of scholarship” (Publishers Weekly) that dramatically reveals how our laws about sex, religion, and morality reflect the cultural schisms that have cleaved our nation from its founding.
Indecency--arguably among the most provocative and incendiary issues in today's media--is speech at the edge of social tolerance. This timely volume examines broadcast and Internet indecency from legal and social perspectives, utilizing current cases and well-publicized examples. In exploring the issues associated with this highly controversial area, author Jeremy Harris Lipschultz makes headway toward an understanding of how indecency, as communication on the fringes of social norms, functions in defining free expression through specific types of speech. He contrasts conceptualizations of indecency and obscenity, synthesizes case law and social research, and develops theoretical generalizations for future research and study. His work provides a comprehensive examination of broadcast and Internet indecency issues and cases that serve to test generalizations about freedom of expression and one's ability to define free speech.
Intricate, intimate, difficult, and confrontational poems that push at the boundaries of selfhood, skin, culture, sexuality, and blood.
A comprehensive guide to effective participation in the public debate about our most indispensable right: freedom of expression Encouraging readers to think critically about freedom of speech and expression and the diverse critical perspectives that challenge the existing state of the law, this text provides a comprehensive analysis of the historical and legal contexts of the First Amendment, from its early foundations all the way to censorship on the Internet. Throughout the book, authors Douglas M. Fraleigh and Joseph S. Tuman use the "Marketplace of Ideas" metaphor to help readers visualize a world where the exchange of ideas is relatively unrestrained and self-monitored. The text provides students with the opportunity to read significant excerpts of landmark decisions and to think critically about the issues and controversies raised in these cases. Students will appreciate the treatment of contemporary issues, including free speech in a post-9/11 world, free expression in cyberspace, and First Amendment rights on college campuses. Features: Demystifies free speech law, encouraging readers to grapple with the complexities of significant ethical and legal issues Sparks student interest in "big picture" issues while simultaneously covering important foundational material, including incitement, fighting words, true threats, obscenity, indecency, child pornography, hate speech, time place and manner restrictions, symbolic expression, restrictions on the Internet, and terrorism. Includes significant excerpts from landmark freedom of expression cases, including concurring or dissenting opinions where applicable, to help students become active learners of free expression rights Offers critical analysis and alternative perspectives on free expression doctrines to demonstrate that existing doctrine is not necessarily ideal or immutable Includes a global perspective on free expression including a chapter on international and comparative perspectives that helps students see how the values of different cultures influence judicial decisions
An exploration of the history of "indecency" laws and other restrictions aimed at protecting youth ranges from Plato's argument for censorship to modern battles over sex education in the schools and violence in the media.
A collection of ten essays tracing the history and various uses of pornography in early modern Europe. In America today the intense and controversial debate over the censorship of pornography continues to call into question the values of a modern, democratic culture. This ground-breaking collection of ten critical essays traces the history and various uses of pornography in early modern Europe, offering the historical perspective crucial to understanding current issues of artistic censorship. The essays, by historians and literary theorists, examine how pornography emerged between 1500 and 1800 as a literary practice and a category of knowledge intimately linked to the formative moments of Western modernity and the democratization of culture. They reveal that the first modern writers and engravers of pornography were part of the demimonde of heretics, freethinkers, and libertines who constituted the dark underside of the Renaissance, the Scientific Revolution, the Enlightenment, and the French Revolution. From the beginning, early modern European pornography used the shock of sex to test the boundaries and regulation of decent and obscene behavior and expression in the public and private spheres, criticizing and even subverting religious and political authorities as well social and sexual norms. Contents Introduction, Lynn Hunt • Humanism, Politics, and Pornography in Renaissance Italy, Paula Findlen • The Politics of Pornography: L'Ecole des filles, Joan Dejea • Sometimes a Sceptre is only a Sceptre: Pornography and Politics in Restoration England, Rachel Weil • The Materialist World of Pornography, Margaret C. Jacob • Truth and the Obscene Word in Eighteenth-Century French Pornography, Lucienne Frappier-Mazur • The Pornographic Whore: Prostitution in French Pornography from Margot to Juliette, Kathryn Norberg • Erotic Fantasy and the Libertine Dispensation in Eighteenth-Century England, Randolph Trumbach • Politics and Pornography in the Seventeenth- and Eighteenth-Century Dutch Republic,Wijnand W. Mijnhardt • Pornography and the French Revolution, Lynn Hunt