BiblioVault - Books about Obscenity (Law)

The Indecent Screen

Regulating Television in the Twenty-First Century

Chris, Cynthia

Rutgers University Press, 2019

The Indecent Screen explores clashes over indecency in broadcast television among U.S.-based media advocates, television professionals, the Federal Communications Commission, and TV audiences. Cynthia Chris focuses on the decency debates during an approximately twenty-year period since the Telecommunications Act of 1996, which in many ways restructured the media environment. Simultaneously, ever increasing channel capacity, new forms of distribution, and time-shifting (in the form of streaming and on-demand viewing options) radically changed how, when, and what we watch. But instead of these innovations quelling concerns that TV networks were too often transmitting indecent material that was accessible to children, complaints about indecency skyrocketed soon after the turn of the century. Chris demonstrates that these clashes are significant battles over the role of family, the role of government, and the value of free speech in our lives, arguing that an uncensored media is so imperative to the public good that we can, and must, endure the occasional indecent screen.

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The New Politics of Pornography

Donald Alexander Downs

University of Chicago Press, 1989

Fresh empirical evidence of pornography's negative effects and the resurgence of feminist and conservative critiques have caused local, state, and federal officials to reassess the pornography issue. In The New Politics of Pornography, Donald Alexander Downs explores the contemporary antipornography movement and addresses difficult questions about the limits of free speech. Drawing on official transcripts and extensive interviews, Downs recreates and analyzes landmark cases in Minneapolis and Indianapolis. He argues persuasively that both conservative and liberal camps are often characterized by extreme intolerance which hampers open policy debate and may ultimately threaten our modern doctrine of free speech. Downs concludes with a balanced and nuanced discussion of what First Amendment protections pornography should be afforded. This provocative and interdisciplinary work will interest students of political science, women's studies, civil liberties, and constitutional law.

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Not in Front of the Children

'Indecency,' Censorship, and the Innocence of Youth

Heins, Marjorie

Rutgers University Press, 2007

From Huckleberry Finn to Harry Potter, from Internet filters to the v-chip, censorship exercised on behalf of children and adolescents is often based on the assumption that they must be protected from “indecent” information that might harm their development—whether in art, in literature, or on a Web site. But where does this assumption come from, and is it true?

In Not in Front of the Children, Marjorie Heins explores the fascinating history of “indecency” laws and other restrictions aimed at protecting youth. From Plato’s argument for rigid censorship, through Victorian laws aimed at repressing libidinous thoughts, to contemporary battles over sex education in public schools and violence in the media, Heins guides us through what became, and remains, an ideological minefield. With fascinating examples drawn from around the globe, she suggests that the “harm to minors” argument rests on shaky foundations.

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Obscenity and the Limits of Liberalism

Edited by Loren Glass and Charles Francis 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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Out of the Gutters

Obscenity, Censorship, and Transgression in American Comics

Edited by Jorge J. Santos Jr. and Patrick S. Lawrence

University of Texas Press, 2025

Comics have long been a subject of moral panics, no doubt thanks to their in-your-face illustrations and their association with young readers. Indeed, the politicians and parents behind today’s book-banning campaigns reserve special ire for graphic novels. What makes today’s controversies different is the content of the alleged obscenity. Instead of targeting sex as such, censors now focus on affirmations of nonheteronormative identity, as in Maia Kobabe’s Gender Queer. And while violence is a constant in comics, stories that acknowledge nationalist oppression and violence, such as Art Spiegelman’s Maus, are also being blacklisted.

Out of the Gutters assembles scholars from diverse disciplines to examine US comics, graphic novels, and cartooning that have been challenged as obscene or transgressive. Covering well-known underground figures like Robert Crumb and Charles Burns, newcomers such as C. Spike Trotman and Emil Ferris, and mainstream creators including Chris Claremont and Archie Goodwin, the collection explores the market economics of transgression, historical representations of graphic violence, the ever-changing meaning of pornography, sex-positive comics by BIPOC authors, and queerness in pop-culture mega-properties like X-Men and The Walking Dead.

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Pornography and the Justices

The Supreme Court and the Intractable Obscenity Problem

Richard F. Hixson

Southern Illinois University Press, 1996

Discussing Supreme Court decisions regarding obscenity, Richard F. Hixson highlights the views of Justices William J. Brennan and John Paul Stevens, borrows from the pioneer decisions of Judge Learned Hand, and consults the work of contemporary First Amendment scholars; finally, though, he relies not on public debate or political machinations but on the justices’ own published opinions, which are, as he says, "the most tantalizing documents of all."

Hixson proceeds chronologically through eleven chapters, with each chapter featuring a specific aspect of the constitutional problem and the approach or solution espoused by a particular justice. Through his case-by-case analysis of the many Supreme Court obscenity rulings, Hixson relates each decision to the temper of the times.

In this investigation of the Supreme Court’s dealings with obscenity, Hixson asks—and answers in detail—a series of pertinent questions. Do Congressional politics and public opinion prejudice the Court’s ability to interpret the Constitution fairly? Must adults be treated the same as children? What are the limits, if any, of "content restriction" on obscene materials? How much "expressive activity" is, or should be, protected by the First Amendment? Does pornography discriminate against women? How protective of the individual can the Supreme Court be and, at the same time, allow as many voices as possible to be heard?

Pornography and the Justices differs from other studies of pornography in its unique focus and its fresh conclusion, which is a composite of views garnered from the Supreme Court justices. As long as there is ample protection of minors and nonconsenting adults, Hixson argues, obscenity should be up to the individual. Separating himself from others who have discussed the issue, Hixson contends that the freedom to speak is as important as the freedom to be heard: it is essential to be able to speak whether or not anyone is listening.

For Hixson, the clear trajectory of Supreme Court opinions implies that the freedom to purchase obscene pornographic matter should be restricted only by time, place, and manner considerations. If a person wants pornography, he or she should be able to get it, albeit perhaps from a higher shelf, in a secluded room, or at a theater clearly marked for adults.

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Purity in Print

Book Censorship in America from the Gilded Age to the Computer Age

Paul S. Boyer

University of Wisconsin Press, 2002

The first edition of Purity in Print documented book censorship in America from the 1870s to the 1930s, embedding it within the larger social and cultural history of the time. In this second edition, Boyer adds two new chapters carrying his history forward to the beginning of the twenty-first century.

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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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