front cover of Obscenity and the Limits of Liberalism
Obscenity and the Limits of Liberalism
Loren Glass and Charles Williams
The Ohio State University Press, 2011

Over the course of the nineteenth century in both Europe and the United States, the state usurped the traditional authority of the church in regulating sexual expression and behavior. In the same century philosophers of classical liberalism identified that state function as a threat to individual liberty. Since then, liberalism has provided the framework for debates over obscenity around the globe.

 
But liberalism has recently been under siege, on the one side from postmodern thinkers skeptical about its andro- and ethnocentric assumptions, and on the other side from religious thinkers doubtful of the moral integrity of the Enlightenment project writ large.The principal challenge for those who conduct academic work in this realm is to formulate new models of research and analysis appropriate to understanding and evaluating speech in the present-day public sphere.
 
Toward those ends, Obscenity and the Limits of Liberalism contains a selection of essays and interventions by prominent authors and artists in a variety of disciplines and media. These writings, taken as a whole, put recent developments into historical and global contexts and chart possible futures for a debate that promises to persist well into the new millennium.
 
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front cover of The Reinvention of Obscenity
The Reinvention of Obscenity
Sex, Lies, and Tabloids in Early Modern France
Joan DeJean
University of Chicago Press, 2002
The concept of obscenity is an ancient one. But as Joan DeJean suggests, its modern form, the same version that today's politicians decry and savvy artists exploit, was invented in seventeenth-century France.

The Reinvention of Obscenity casts a fresh light on the mythical link between sexual impropriety and things French. Exploring the complicity between censorship, print culture, and obscenity, DeJean argues that mass market printing and the first modern censorial machinery came into being at the very moment that obscenity was being reinvented—that is, transformed from a minor literary phenomenon into a threat to society. DeJean's principal case in this study is the career of Moliére, who cannily exploited the new link between indecency and female genitalia to found his career as a print author; the enormous scandal which followed his play L'école des femmes made him the first modern writer to have his sex life dissected in the press.

Keenly alert to parallels with the currency of obscenity in contemporary America, The Reinvention of Obscenity will concern not only scholars of French history, but anyone interested in the intertwined histories of sex, publishing, and censorship.
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front cover of Violence As Obscenity
Violence As Obscenity
Limiting the Media's First Amendment Protection
Kevin W. Saunders
Duke University Press, 1996
This timely and accessible volume takes a fresh approach to a question of increasing public concern: whether or not the federal government should regulate media violence. In Violence as Obscenity, Kevin W. Saunders boldly calls into question the assumption that violent material is protected by the First Amendment. Citing a recognized exception to the First Amendment that allows for the regulation of obscene material, he seeks to expand the definition of obscenity to include explicit and offensive depictions of violence.
Saunders examines the public debate on media violence, the arguments of professional and public interest groups urging governmental action, and the media and the ACLU’s desire for self-regulation. Citing research that links violence in the media to actual violence, Saunders argues that a present danger to public safety may be reduced by invoking the existing law on obscenity. Reviewing the justifications of that law, he finds that not only is the legal history relied on by the Supreme Court inadequate to distinguish violence from sex, but also many of the justifications apply more forcefully to instances of violence than to sexually explicit material that has been ruled obscene. Saunders also examines the actions that Congress, states, and municipalities have taken to regulate media violence as well as the legal limitations imposed on such regulations by the First Amendment protections given to speech and the press. In discussing the current operation of the obscenity exception and confronting the issue of censorship, he advocates adapting to the regulation of violent material the doctrine of variable obscenity, which applies a different standard for material aimed at youth, and the doctrine of indecency, which allows for federal regulation of broadcast material.
Cogently and passionately argued, Violence as Obscenity will attract scholars of American constitutional law and mass communication, and general readers moved by current debates about media violence, regulation, and censorship.
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