Obscenity

Good Essays
From my original thoughts on obscenity, I found some similarities in the class discussion and some conflicts. However, after reading some responses, I am questioning some of the points. For example, I stated, “something must be banned if it considered so offensive to the average person…” What are the standards for an “average” person? I still believe that the FCC guideless are appropriate in regards to profanity and nudity, sex, etc. air on open public radio and television. The key here is open to the public. In addition, I think that is what is going to distinguish obscenity to me in the end. As confused as I am now about the true definition of obscenity as many of my peers are, I searched further for an explanation. What I have found is that there is really no set-in-stone legal definition of what is obscene. What I did find is called the 3-prong test, which is what the Supreme Court established, which in turn has been what was given to the FCC for their regulations.
• An average person, applying contemporary community standards, must find that the material, as a whole, appeals to the prurient interest; * The material must depict or describe, in a patently offensive way, sexual conduct specifically defined by applicable law; and * The material, taken as a whole, must lack serious literary, artistic, political or scientific value. http://www.fcc.gov/guides/obscenity-indecency-and-profanity Based on this, in response to your examples, I think a key word in this test is public. Uncensored material, whether sexual in nature or containing profanity should be banned if it is publicly displayed – public speech, radio, television, etc. So, the following should be banned: #’s: 1, 2, 6, 7, 8, 9. Of this group, any public performance containing any sexual content or profanity should be banned. However, this would be contradictory to our current standards, which include some profanity on television and the radio. I would say it

You May Also Find These Documents Helpful

  • Better Essays

    Obscenity Law

    • 6105 Words
    • 25 Pages

    The vague, subjective, and indeterminate nature of Canadian obscenity law has been called “the most muddled law in Canada.” Recognizing that consistency and objectivity are important aspects in the running of any successful legal system, the Supreme Court of Canada has attempted to systematically clarify and modernize obscenity law. The ruling in R. v. Butler marked the transformation of the law of obscenity from a "moral-based" offence to a "harm-based" offence. The courts are now asked to determine…

    • 6105 Words
    • 25 Pages
    Better Essays
  • Good Essays

    Obscenity Essay

    • 582 Words
    • 3 Pages

    View the definition and historical development of the term obscenity here: http://legal-dictionary.thefreedictionary.com/obscenity How has the definition of the term been affected by institutions such as the Supreme Court and the American Civil Liberties Union (ACLU)? Supreme Court recognized, this could hurt all of our free speech rights. However they did say there was a "legitimacy and importance of the congressional goal of protecting children from harmful materials", but that the CDA was…

    • 582 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    Chaucer's Obscenities

    • 2911 Words
    • 9 Pages

    Bill Watts Butler University Sept. 15, 2010 346IMU, Indiana Room Chaucer’s Swyvyng in Context (Slide 1) After declaring that “Chaucer followed Nature everywhere,” and that God’s plenty can be found in his works, John Dryden, in his Preface to the Fables, Ancient and Modern, considers why Chaucer includes “low characters” in the Canterbury Tales, such as “the Reeve, the Miller, the Shipman, the Merchant, the Sumner, and above all, the Wife of Bath, in the prologue…

    • 2911 Words
    • 9 Pages
    Powerful Essays
  • Good Essays

    For Jay Gatsby to turn out all right at the end as the narrator promises, he must first be erased of his obscenity and indeterminacy. Barbara Will, the author of The Great Gatsby and The Obscene Word, argues in her criticism that only then can Gatsby come to stand as the vision of Americanism and, inevitably, America itself. The sociological criticism discusses the novel as the product of its time period, focusing on the American isolationist movement of the early 1920s and how, through the characters…

    • 498 Words
    • 2 Pages
    Good Essays
  • Good Essays

    In order to narrow down the focus of my research, this paper will briefly discuss what is considered obscene and the different ways in which obscenity will manifest itself. Obscenity law aims at punishment for thoughts provoked or preventing the formation of certain thoughts, typically, erotic ones in the minds of willing viewers but not for overt acts, nor for antisocial conduct. Although the United States Constitution protects the freedom of speech, the First Amendment was not intended to…

    • 433 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    Obscenity in Indian Film

    • 1568 Words
    • 7 Pages

    across yet another story about a magazine editor being harassed or even beaten by right wing goons, about cinemas showing the films of Deepa Mehta or Mira Nair being trashed, about Bollywood starlets or saucy models being summoned to court for obscenity or indecency, about offending books, paintings and articles being slashed and burned amid saffron flags and TV cameras. Hindi film director Mahesh Bhatt, always ready with a sound bite, went so far as to call it a “cultural emergency” (Bhatt 1998)…

    • 1568 Words
    • 7 Pages
    Powerful Essays
  • Better Essays

    Art censorship and obscenity People in the United States of America are allowed to express themselves in many ways. One of these ways of expressing yourself is through art. Although we have this freedom, it is not completely accepted or viewed as right. What makes the many different forms or art acceptable or unacceptable with censorship? Why should creativity and artistic abilities be censored from other people or artists? “According to Plato, ‘because art has the power…

    • 1389 Words
    • 6 Pages
    Better Essays
  • Good Essays

    Currently assisted the Freakonomics folks also NFL Network with an installment of 'Football Freakonomics', the sequence of mini-documentaries on stimulating crinkles in a fabric of football. Adverse selection happens when there's an absence of symmetric info prior to a deal among an incentives and a player. “A football player desires to do fine for himself and he needs his team to victory. But private and collective incentives don’t continuously support (Dubner).” whereas moral hazard happens when…

    • 523 Words
    • 3 Pages
    Good Essays
  • Better Essays

    the world of literature? When it comes to novels banning or challenging can be a very delicate subject. When the government is concerned about the novel it can be banned for example, in Lady Chatterley’s Lover obscenity was an issue, but many people have different views about what obscenity is. When a book is challenged it can be local citizens who are concerned about the material being sold or are found in their libraries. David Herbert Lawrence was from Eastwood, a place which was know for the…

    • 917 Words
    • 4 Pages
    Better Essays
  • Better Essays

    Kurt Vonnegut’s essay “Obscenity” manages to blend together satire, personal experiences, and Vonnegut’s dark sense of comedy into an off topic but interesting experience. With lines such as “I cannot believe that Victoria herself would have suffer a moment’s genuine dismay if I had shown her the picture of my asshole which I drew for my book Breakfast of Champions.” (4) That can make you wonder whether Vonnegut is actually intellectual or more visceral as the essay lunges towards its conclusion…

    • 1296 Words
    • 6 Pages
    Better Essays