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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.
From New York Times bestselling author Naomi Wolf, Outrages explores the history of state-sponsored censorship and violations of personal freedoms through the inspiring, forgotten history of one writer’s refusal to stay silenced. Newly updated, first North American edition--a paperback original In 1857, Britain codified a new civil divorce law and passed a severe new obscenity law. An 1861 Act of Parliament streamlined the harsh criminalization of sodomy. These and other laws enshrined modern notions of state censorship and validated state intrusion into people’s private lives. In 1861, John Addington Symonds, a twenty-one-year-old student at Oxford who already knew he loved and was attracted to men, hastily wrote out a seeming renunciation of the long love poem he’d written to another young man. Outrages chronicles the struggle and eventual triumph of Symonds—who would become a poet, biographer, and critic—at a time in British history when even private letters that could be interpreted as homoerotic could be used as evidence in trials leading to harsh sentences under British law. Drawing on the work of a range of scholars of censorship and of LGBTQ+ legal history, Wolf depicts how state censorship, and state prosecution of same-sex sexuality, played out—decades before the infamous trial of Oscar Wilde—shadowing the lives of people who risked in new ways scrutiny by the criminal justice system. She shows how legal persecutions of writers, and of men who loved men affected Symonds and his contemporaries, including Christina and Dante Gabriel Rossetti, Algernon Charles Swinburne, Walter Pater, and the painter Simeon Solomon. All the while, Walt Whitman’s Leaves of Grass was illicitly crossing the Atlantic and finding its way into the hands of readers who reveled in the American poet’s celebration of freedom, democracy, and unfettered love. Inspired by Whitman, and despite terrible dangers he faced in doing so, Symonds kept trying, stubbornly, to find a way to express his message—that love and sex between men were not “morbid” and deviant, but natural and even ennobling. He persisted in various genres his entire life. He wrote a strikingly honest secret memoir—which he embargoed for a generation after his death—enclosing keys to a code that the author had used to embed hidden messages in his published work. He wrote the essay A Problem in Modern Ethics that was secretly shared in his lifetime and would become foundational to our modern understanding of human sexual orientation and of LGBTQ+ legal rights. This essay is now rightfully understood as one of the first gay rights manifestos in the English language. Naomi Wolf’s Outrages is a critically important book, not just for its role in helping to bring to new audiences the story of an oft-forgotten pioneer of LGBTQ+ rights who could not legally fully tell his own story in his lifetime. It is also critically important for what the book has to say about the vital and often courageous roles of publishers, booksellers, and freedom of speech in an era of growing calls for censorship and ever-escalating state violations of privacy. With Outrages, Wolf brings us the inspiring story of one man’s refusal to be silenced, and his belief in a future in which everyone would have the freedom to love and to speak without fear.
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.
The regulation of pornography has always been a contentious issue, which has sparked wide-ranging debates surrounding the acceptability and place of pornography in society. The use of the internet to distribute and access pornography has magnified this debate and has presented a number of challenges for the law in terms of effective and proportionate regulation. Following unsuccessful attempts by states to transpose traditional laws to cyberspace, a new and radical regulatory framework eventually evolved for regulating internet pornography. In this process, the focus of the law has changed from merely controlling the publication and distribution of obscene material to a model that aims to deter private consumption of illegal content. In addition, various self- and co-regulatory initiatives have been introduced with the involvement of non-state actors, imposing a certain degree of de facto liability on intermediaries, all of which raise interesting issues. This book examines the relevant regulatory responses to internet pornography, with particular reference to the UK, but also drawing comparisons with other countries where relevant. It argues that the internet has fundamentally, and in many ways irreversibly, changed the regulation of pornography. Classifying internet pornography into three broad categories – child pornography, extreme pornography, and adult pornography – the book provides an in-depth analysis of the legal issues involved in regulating internet pornography, and argues that the notions of obscenity and indecency on their own will not provide an adequate basis for regulating online pornography. The book identifies the legitimising factors that will lend credibility and normative force to the law in order to successfully regulate pornography in cyberspace. It is the only comprehensive text that rigorously addresses the regulation of internet pornography as a whole, and offers valuable insights that will appeal to academics, students, policy makers, and those working in the areas of broader internet governance and online child protection.
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.