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Sexually Oriented Speech

Sexually Oriented Speech. Chapter 11. “Adult” film industry much bigger than Hollywood. “ Lewd and obscene ” are of “ slight social value ” and not protected by First Amendment. Justice Frank Murphy ( Chaplinsky v. New Hampshire, 1942).

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Sexually Oriented Speech

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  1. Sexually Oriented Speech

    Chapter 11 “Adult” film industry much bigger than Hollywood
  2. “Lewd and obscene” are of “slight social value” and not protected by First Amendment Justice Frank Murphy (Chaplinsky v. New Hampshire, 1942) Regulation of Obscenity
  3. Harry Clordescribes the obscene as making offensively public that which should be kept private. Regulation of Obscenity
  4. Miller v. California (1973) results from sexually-charged brochures sent in the mail. Regulation of Obscenity
  5. The Millertest Regulations must be highly specific Look at the work as a whole “Community” is not the whole USA Work must appeal to prurient interest Work must be patently offensive Chief Justice Warren Burger Regulation of Obscenity
  6. The Miller “SLAPS” test Regulation of Obscenity Serious . . . Literary Artistic Political; or Scientific value
  7. National standard used But state of GA could not forbid Carnal Knowledge Sexually Oriented Speech
  8. The porn jurors’ lament: Sexually Oriented Speech
  9. Is the average person in my community a reasonable person? Regulation of Obscenity
  10. Thematic Obscenity Regulation of Obscenity Works cannot be found obscene because of their sexually heretic themes Lady Chatterley’s Lover Last Temptation of Christ The Woodsman
  11. Privacy of the home Stanley v. Georgia (1969) Privacy doctrine does not extend to: Seeing films at “adults only” theatres Importing obscenity Carrying obscenity across state lines Mailing obscenity Regulation of Obscenity
  12. Variable Obscenity Regulation of Obscenity Definition relaxed if: Sold to children Aimed at a specialized target audience Pandering
  13. Child Pornography Regulation of Obscenity Prohibits use of Child Actors, Models Laws can reach distribution/possession also
  14. Goal: to prevent child abuse Regulation of Obscenity No SLAPS test Need not consider whole work No patent offensiveness requirement No prurient interest requirement Law reaches mere possession
  15. Child Pornography:Further complications CLICK HERE to see relevant scene from American Beauty Regulation of Obscenity Clothed models can be prohibited Computer-generated “children” cannot be prohibited What if “child” is NOT a child?
  16. New wrinkle: Sexting Sexually Oriented Speech
  17. Sexting laws not designed for “grown ups” Discussion of Media and Rep. Weiner Regulation of Obscenity
  18. “The” Feminist Response Andrea Dworkin& Catherine MacKinnon Regulation of Obscenity Emphasizes harmful effects on women Degrading depictions Encouraging misogynist views Leading men to act violently?
  19. Hudnut decision Andrea Dworkin& Catherine MacKinnon Regulation of Obscenity Struck down model “femporn” law Lacked several protections from Miller Punished specific viewpoints
  20. Zoning Can concentrate or disperse “adult-oriented” businesses Generally upheld if they: Are aimed at “secondary effects” Do not effectively shut down the whole category Are not overly restrictive Regulation of Obscenity
  21. Public Nuisance Laws Mostly used against places where sexual conduct takes place Truly “expressive” activities might be permitted to go on Can also be used against public display of nudity [e.g., Dallas and 1975 Newsweek cover] Regulation of Obscenity
  22. Sex toys not (yet?) protected Comment on 2010 Ala. Sup Ct decision Sexually Oriented Speech
  23. Racketeering Statutes Regulation of Obscenity Selling obscene works twice in ten years is the trigger for federal RICO Punishments can include: Huge fines, and 20 years in jail Forfeiture of assets, including private property
  24. Government Sponsorship Karen Finley Regulation of Obscenity Government as speaker can engage in viewpoint discrimination Government as sponsor--NEA v. Finley (1998) OK for government to take into account general standards of “decency” But not to engage in viewpoint discrimination
  25. Chris Ofili’s elephant dung sculpture Federal court prohibited NYC from punishing the Brooklyn Museum Sexually Oriented Speech
  26. Postal Regulations Regulation of Obscenity Goldwater Amendment Homeowner opts out of receiving ANY “sexually oriented” mailings PO notifies companies on its list Pandering Act Homeowner identifies a specific mailing PO notifies that mailer never to send again
  27. Nadine Strossen defends pornography Regulation of Obscenity
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