MEDIA LAW Obscenity – Pornography and Censorship

Local censorship n H.L. Mencken, The American Mercury n Article about prostitute considered “salacious” n Judge dismissed case. n Mencken profitted

Obscenity - Pornography U. S. Supreme Court, 1957, Roth vs. U.S. Obscenity not protected by First Amendment Sex and obscenity not synonymous. Obscene material appeals to “prurient” interest, is obsessively sexual

Obscenity - Pornography U. S. Supreme Court, 1973, Miller vs. Calif. Whether “average person, applying contemporary standards” finds work, as a whole, appeals to prurient interest Whether work deals in offensive way with sexual conduct specifically defined in state law Whether the work, as a whole, lacks serious literary, artistic, political, or scientific value

Censorship and School Boards n One-third of all censorship cases involves attempts to censor library books and school curricula. n Almost all are usually reversed on appeal.

Obscenity — Pornography n Commission on Obscenity and Pornography1970 No convincing evidence of harm.

Obscenity — Pornography n Report of the Attorney General’s Commission on Pornography (Meese Commission, 1986) Pornography does cause harm.