OBSCENE AND PORNOGRAPHY: SUPREME COURT CASES AND PUBLIC OPINION Online Pornography

What is Pornography and What is Obscene Pornography protected Supreme Court cases and decisions Rules to test Obscene outlawed Public Opinion plays a big role Child Pornography is obscene

Obscene Publications Act of 1857 England Struggle over printed materials (Newspaper: Chicago Dispatch) Determined if something was obscene Short-lived Case that formed the Hicklen test If it depraves and corrupts potential audience, then obscene Used until 1950’s Regina v. Hicklen

Roth v. United States Landmark case Changed Constitutional test of material protected under 1 st amendment Mail Obscene determined by community standards Very similar to Roth, sister-case Obscene materials sent through mail illegal Eventually legalized, as long as not sent to children Alberts v. California

Supreme Court Left to public to determine what is obscene Not all forms of expression protected under 1 st amendment (novels aren’t guaranteed) Not much debate Strong moral opinion against such a thing After WWII became more prevalent Before 1957

Major Past Standards and Tests Wepplo (1947) Hicklen test (1957) Roth Standard (1957) Roth-Jacobellis (1964) Roth-Jacobellis-Memoirs (1966)

Roth v. United States Term “prurient” never clearly defined Confusion Changes in definition until 1973 Supreme Court case Resulted in Miller test Another landmark Changed definition of obscenity Three parts: 1. Community standards, 2. Sexual conduct offensive, 3. Lack of value Miller v. California

A Book Named “John Cleland’s Memoirs of a Woman of Pleasure” v. Attorney General of Com. Of Mass. Really called Fanny Hill Published in 1700s Book deemed obscene Similar court case Books not protected by the 1 st amendment Kaplan v. California

FCC I. PROS Is one of the few organizations that will take it upon themselves to monitor all of the forms of media available CONS Abuses its power with regards to television and music Under constant criticism for censoring or declaring the wrong media obscene

Radio Television Obscene material from 10pm-6am Is monitored by public i.e., no complaints, no censoring Based more on context and time of day Obscene material from 10pm-6am Is monitored by public, under much more scrutiny than radio Little leeway is given FCC II.

Child Pornography One of the few universally accepted forms of declared obscene material Even just by visiting a child pornography website, one can go to jail for like 20 years. Line between child pornography can get blurry with parents EX: bathtub pictures? New bathing suit pictures? Movies from the beach?

Recommendation Option A: Keep definition of obscenity vague -Allows for interpretation in the future -Gives balance and power back to public Option B: Clearly define obscenity -Shows public exactly what can be classified as obscenity i.e. distinct examples -Less wiggle room in future proceedings

Bibliography Ahrens, Frank. "Networks Sue Over Indecency Rulings - Washingtonpost.com." Washingtonpost.com - Nation, World, Technology and Washington Area News and Headlines. Washington Post Company, 15 Apr Web. 04 May dyn/content/article/2006/04/14/AR htmlhttp:// dyn/content/article/2006/04/14/AR html Foresman, Chris. "Apple and App Store censorship: where to draw the line?." arstechnia.com 20 Jan 2009: 1. Web. 3 May Hall, Kermit L. "Obscenity and Pornography." The Oxford Companion to the Supreme Court of the United States Encyclopedia.com. 3 May Obscenity and Pornography. Hanrou, Zau. "Drawing the Line between Art and Porn." chinadaily.com 27 Jul. 2007: 1. Web. 3 May "Miller v. California." LII | Legal Information Institute at Cornell Law School. 18 Jan Web. 04 May "Obscene, Indecent and Profane Broadcasts." Federal Communications Commission (FCC) Home Page. 10 Aug Web. 04 May