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He demonstrates that these communities of experts are divided on such questions as, Can a novel or film be both high art and obscene? and, Is the world of heterosexual pornography categorically different from the worlds of gay and lesbian pornography? He observes that the ideas of an "average" psychological or behavioral response to a story or an image and the "community" standard of decency or tolerance are outmoded myths that elude all attempts at careful measurement. Nowlin concludes that lack of agreement among experts, for example, as to how and why some sexually explicit imagery titillates or pleases some people, while disgusting or demeaning others, can no longer be viewed simply in terms of moral, religious, or even political predilections. Judging Obscenity traces the way freedom of speech and the right to equality have taken shape within the worlds of pornographic expression and consumption and provides a historical glimpse of changing views about literature and art, as well as a critical examination of the nature of social science research in matters of human sexuality, media-response, and sexual expression.
This work examines evidence in North American obscenity trials revealing how little consensus there is among those who purport to know best about the nature of artistic representation, human sexuality and the psychological and behavioural effects of digesting explicit sexual narratives and imagery.
Anthony Comstock was America’s first professional censor. From 1873 to 1915, as Secretary of the New York Society for the Suppression of Vice, Comstock led a crusade against lasciviousness, salaciousness, and obscenity that resulted in the confiscation and incineration of more than three million pictures, postcards, and books he judged to be obscene. But as Amy Werbel shows in this rich cultural and social history, Comstock’s campaign to rid America of vice in fact led to greater acceptance of the materials he deemed objectionable, offering a revealing tale about the unintended consequences of censorship. In Lust on Trial, Werbel presents a colorful journey through Comstock’s career that doubles as a new history of post–Civil War America’s risqué visual and sexual culture. Born into a puritanical New England community, Anthony Comstock moved to New York in 1868 armed with his Christian faith and a burning desire to rid the city of vice. Werbel describes how Comstock’s raids shaped New York City and American culture through his obsession with the prevention of lust by means of censorship, and how his restrictions provided an impetus for the increased circulation and explicitness of “obscene” materials. By opposing women who preached sexual liberation and empowerment, suppressing contraceptives, and restricting artistic expression, Comstock drew the ire of civil liberties advocates, inspiring more open attitudes toward sexual and creative freedom and more sophisticated legal defenses. Drawing on material culture high and low, including numerous examples of the “obscenities” Comstock seized, Lust on Trial provides fresh insights into Comstock’s actions and motivations, the sexual habits of Americans during his era, and the complicated relationship between law and cultural change.
A comprehensive history of censorship in modern Britain For Victorian lawmakers and judges, the question of whether a book should be allowed to circulate freely depended on whether it was sold to readers whose mental and moral capacities were in doubt, by which they meant the increasingly literate and enfranchised working classes. The law stayed this way even as society evolved. In 1960, in the obscenity trial over D. H. Lawrence's Lady Chatterley's Lover, the prosecutor asked the jury, "Is it a book that you would even wish your wife or your servants to read?" Christopher Hilliard traces the history of British censorship from the Victorians to Margaret Thatcher, exposing the tensions between obscenity law and a changing British society. Hilliard goes behind the scenes of major obscenity trials and uncovers the routines of everyday censorship, shedding new light on the British reception of literary modernism and popular entertainments such as the cinema and American-style pulp fiction and comic books. He reveals the thinking of lawyers and the police, authors and publishers, and politicians and ordinary citizens as they wrestled with questions of freedom and morality. He describes how supporters and opponents of censorship alike tried to remake the law as they reckoned with changes in sexuality and culture that began in the 1960s. Based on extensive archival research, this incisive and multifaceted book reveals how the issue of censorship challenged British society to confront issues ranging from mass literacy and democratization to feminism, gay rights, and multiculturalism.
The Brethren is the first detailed behind-the-scenes account of the Supreme Court in action. Bob Woodward and Scott Armstrong have pierced its secrecy to give us an unprecedented view of the Chief and Associate Justices—maneuvering, arguing, politicking, compromising, and making decisions that affect every major area of American life.