Essays on Obscenity

The First Amendment to the US Constitution provides that Congress shall make no law that restricts freedom of expression or of the press. Such wording restricts state power as a greater and a lesser degree compared to what it could do in this regard if the wording used in the literal sense. The said formulation limits the power of the state to a greater extent in the sense that it applies not only to Congress but to all branches of the federal government, all branches of state governments and local authorities. The wording in question, limit state power to ...

The United States Constitution affords all citizens the right to express their beliefs and ideas without any government intervention or interference. This law allows The Slants to use any name that they so wish. However, this right is dependent upon the fulfillment of other codified laws in the United States. Section 2 of the Lanham Act provides for trademarks that are registrable on principle register. The Act prohibits the registration of marks that may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute” 15 U.S.C. § ...

Introduction

Pornography is simply displaying sexual materials or rather sexual objects that may activate sexual desire in a person. In the past, sex was regarded as holy, and therefore, pornography was a taboo even to mention it. Today, things are not the way they used to be, and even the perception of pornography has also changed (Malamuth, Tamara and Mary 27). The technology is seen as the highest contributor of pornography and in the last twenty years, the pornographic rise has been realized even in the economic world. There are so many things that have contributed to the rise of ...

The First Amendment guarantees freedom of speech by restricting legislations that curtail this freedom. U.S. Supreme Court decisions reinforce respect for the freedom of speech against legislations by the federal and state governments. However, some forms of communication are exempt from First Amendment guarantees. Obscenity is one such exemption. In Roth v. the United States, the U.S. Supreme Court cited a series of cases dating back to 1877 to demonstrate the Court’s consistent regard of obscenity as an expression that is not protected by the First Amendment right to free speech. Since obscenity does not form part of ...

The First Amendment guarantees freedom of speech by restricting legislations that curtail this freedom. U.S. Supreme Court decisions reinforce respect for the freedom of speech against legislations by the federal and state governments. However, some forms of communication are exempt from First Amendment guarantees. Obscenity is one such exemption. In Roth v. the United States, the U.S. Supreme Court cited a series of cases dating back to 1877 to demonstrate the Court’s consistent regard of obscenity as an expression that is not protected by the First Amendment right to free speech. Since obscenity does not form part of ...

The First amendment guarantees freedom of speech by restricting legislations that curtail this freedom. U.S. Supreme Court decisions reinforce respect for the freedom of speech against legislations by the federal and state governments. However, some forms of communication are exempt from First Amendment guarantees. Obscenity is one such exemption. In Roth v. United States, the U.S. Supreme Court cited a series of cases dating back to 1877 to demonstrate the Court’s consistent regard of obscenity as an expression that is not protected by the First Amendment right to free speech. Since obscenity does not form part of protected ...

One of the hallmarks of American values is the right to free speech. The right of the people to speak freely is enshrined in the First Amendment of the Constitution. The First Amendment prohibits the government from passing laws that restrict speech. In many countries around the world, citizens can be persecuted for speaking out against the government. In order to maintain a democratic society that necessarily involves self-government by the people, it is essential to protect the right to free speech. Citizens must have the right to speak their minds and express differing ideas and viewpoints without fear ...

Free speech is deep rooted in U.S. history, culture and, not least, legislation. The U.S. Constitution, particularly First Amendment, establishes a firm case for freedom of speech. John Peter Zenger Case sets a legal precedent for freedom of expression, particularly against executive power. The freedom of speech established rights are, however, challenged, at least partially, during periods of major national crises (notably, wars) and, accordingly, "questionable" laws (e.g. Alien and Sedition Acts and USA Patriot Act) are passed (supposedly hurriedly) in order to impose order. U.S. media law is extensive and covers numerous areas including, for example, libel, privacy, ...

A Rose for Emily embodies the comic cannon of the use of obscenity within the spectrum of culture and time. By recognizing the proper reaction and effect that obscene elements have of the social, cultural understanding of the audience, the foundational consideration should be in making such scenes to be less ambiguous and exhibit less perplexing experiences. This paper establishes the extent to which obscenity should be banned from the existing comic canon. The baseline of this essay is to highlight the need for a regulatory framework for addressing the respect for undisguised and open commentary on social spiritual ...

Following the rising immorality and indecency over the internet, a lot of questions arise on what bodies deemed with responsibility of overseeing communication, are doing to that effect. Bodies such as the Federal Communications Commission (FCC) of the United States is one the bodies whose responsibilities cover a wide range of the communication sector from radio and television broadcasting to the internet. Gaining its power and authority from the Congress, and seconded by the federal law, the FCC reviews whatever is being aired and decides on its validity to be broadcasted. The FCC has regulations ...

United States v Karen Fletcher (2006)

Fletcher’s Lawyers

Indeed it is our contention that the actions in this charge do not in substance amount to obscenity. It is our contention, which we humbly submit, that the contents of the Red Rose Website in their entirety do not constitute any form of obscenity. In seeking to convince the court of our contention we wish to rely on the celebrated ruling of Miller v California. Indeed, the Miller test was muted with the intention of phasing out the previous bad law. The Miller test classifies obscene material as that which lacks serious literary, ...

Abstract

The God squad group, mainly made of boys in junior and senior years, uses the 9/11 attacks as a rallying point for combination of white supremacist, racist, anti-Semitic, ant-Islamic, anti-immigrant, ant-gay, nee-fascist dogma mixed with a good dose of anti-abortion and fundamentalist Christian diatribe. The group catches the attention of the administration when they show up at school all wearing their uniforms and distributes the first edition of their weekly "newsletter". The” newsletter” contains highly offensive diatribes on how it is the "the duty of all true Americans to fight against the forces trying to destroy our country". The ...

Music is food for soul, a statement that clearly defines the importance of music in our lives. People with different tastes listen to different types of music to clear their head or just to give their minds a little time out. The rhythm beats and the lyrics, altogether, can inspire, encourage, and help the listener in the best of ways. However, are these effects of music always positive? Profanity and vulgar language in music has become not only an open concept but common too. This essay attempts to explain that obscenity in music negatively affects one’s mind and personality. It ...

Obscenity and Indecency

Though it is clear that obscenity and indecency are different in meaning, the two have not been clearly defined. Something that is obscene has to be indecent. However, not everything that is indecent is obscene. There have been a series of instances whereby even the court has found itself unable to classify a material as either pornographic or obscene. Some pornographic material has been protected under the law. This largely depends on the extent of obscenity in the material. The question of what is obscene not is tough to answer. This is because what one may consider very distastefully may ...

The constitution remains emphatic on the need of freedom of speech in a democratic environment. Citizens need the right information to enable them perform their civic duty. The freedom of expression promotes individual self-realization and remains essential in the search for truth (Laraia, 2009). People’s freedom of speech enables them to participate in shaping the public affairs of a country. Failure to provide this right of freedom of speech a free society can fall in a retrogressive regime. Curtailing the freedom of speech can negate them the opportunity of making their contribution in the society. Prior restraint suggests government restrictions on ...

According to this extract, the writer, Steven Johnson tries to bring up the knowledge and development of television narratives that are popular in television. His investigations have been done over the past decades. In this, he brings up the idea of perception those majority people have to a clear image (Steven, 01). He said that some of the shows that people deems to be bad in TVs are somehow of benefits and significance since they are healthy for our brains to watch. Although Johnson compares some of the shows such as "24," "The West Wing," "The Sopranos" and "ER" as ...

The greatest challenge facing law enforcement agencies in investigating the exploitation, cyber stalking, and obscenity is the interconnected nature of technology that forms the internet, making it a global problem. It implies that various cyber crimes have spread to an extent beyond the control of these enforcement agencies. The regional agreement like the Europe convention on cyber crime has thus failed to keep pace with the rapid technological advancements hence leading to their imperfection (Clough, 2012). The conventions in the form of regional agreements are also not a model law as others argue it out. However, they are just framework ...

Cindy Sherman is one of most controversial artists of modern times. She has earned acclamations and criticism for her works. Critics allege that her works are unnecessarily obscene while a number of people find her work inspiring, issue oriented and raising some relevant questions. This paper intends to discuss works of Cindy Sherman and further examines the allegations of obscenity in her works. Majority of Cindy’s photographs are not obscene and even her critics accept this fact. Cindy Sherman, through her photographs and other mediums of expressions, raises the issues related to gender, female, sexuality, oppressions and desire. ...

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The Role of Federal Agencies in Fighting Digital Crime 2

Abstract The threats coming from the actions of digital criminals and terrorists produce a variety of challenges for federal agencies and all other law enforcement units which have the responsibility to protect private business, the individuals and governments from these threats. The political leaders as well as the leaders of law enforcement agencies realize the necessity to be upgraded, to have new priorities, strategies and innovations to encounter the constantly growing threats of computer crime. When internet became affordable and easy to access for ordinary people a new frontier was opened without any limits, bringing ...

Civil liberties can be defined as rights guaranteed to the citizens or people who are residents of a nation or territory as a matter of fundamental law. They are different from human rights, which are accorded to all people irrespective of where they live (Walker, 2000). Civil liberties are rights for which a national government possesses a contractual obligation to protect. Civil liberties are backed by a bill of rights found in a country’s constitution. On the contrary, human rights are merely implied by one’s status as a person whether the government has made an agreement to safeguard them or not. The civil liberties ...

The Vietnam War is widely acknowledged as one of the most contradictory wars in American and worldwide history. It has been a historical incident whose causes, effects, interpretation and role in the evolution of world affairs has never stopped causing heated debates, still leaving lots of questions unanswered or half-answered. Like any contradictory event, the Vietnam War hurt lots of people, destroyed numerous human lives, tore America apart in terms of its heated supporters standing against its heated opponents and brought nations on the front step of dealing with one of the world’s worst historical pages. If history is ...

Society is dependent upon government to maintain order. Without government, society would easily crumble into anarchy; however, there remains a question about how much governmental interference is necessary in issues of free speech in the United States. The United States Constitution stipulates that every American citizen has the right to freedom of speech and freedom of expression, but the Supreme Court has ruled that these rights are not absolute. In the same way that an individual does not have the right to falsely yell “fire” in a crowded theater, so too is that individual restricted when it comes to obscene or ...

Pornography exists since generations in one or the other form; however with the easy access to internet, magazines, social media and cellphones it is easier to access it than ever before. I am curious if Porn is the next easiest thing to be freely available like air? Many countries have laws against porn and some have been strong enough to restrict people from misusing it. But, do these laws really support the morality of the future generation? Pornography serves so many public and private purposes that despite numerous laws, including but not limited to obscenity, it has never been systematically ...

Historical Analysis of obscenity using the case of "Rosen v. U.S 1896" Historical Analysis of obscenity using the case of "Rosen v. U.S 1896" The trial court, in the Southern District of New York, defined obscenity as overt act of the defendant, which is committed intentionally, knowingly and unlawfully which contained a certain obscene, lascivious and lewd contents. The use of these three words was fundamental. In fact the crux of the judgment was based on these words. The court held that the text, picture and drawings in the paper posted by the defendants were offensive and would ...

Obscenity

The case of Miller v. California, 413 U.S. 15, 27 (1973) is the case where the Supreme Court has laid down a three-prong test called the “Miller Test” to determine if a work is obscene. The Miller Test is composed on the following questions: 1.) whether the average person who shall apply cotemporary community standard will find that the work when taken in its entirety appeals to the indecent interest; 2.) whether the work describes a sexual conduct that is patently offensive and violates a particular statute; and 3.) when the work when taken in the holistic approach is inadequate of literary, artistic, ...

Freedom of expression is perhaps the most fundamental and universally acknowledged freedoms in the world. Democracies are based on the idea of allowing anybody to freely express their views and such space maintains human dignity. The very first United Nations convention unanimously agreed adopt Article 19(2) of International Covenant on Civil and Political Rights (ICCPR) which guarantees as humans the right to freely express their opinion (Mendel, 2). The United States has enshrined the freedom of expression in the constitution. Americans value the fact that expressing themselves has been one of the cornerstones of the American society. However, ...

Overview of contraceptive use in America

Close to 60 million women in America are estimated to be at the appropriate age of childbearing. Majority of this group are sexually active but always in fear of becoming pregnant. In order to fulfill their desires, there must be use of contraceptives. Women are the majority consumers of contraceptives with close to 99% of women at reproductive age. It is estimated that 62% out of the 60 million women population between the ages of 15 and 44 (reproductive age) use contraceptives as a birth control method. It is also estimated that a third of the women population are not using ...

“Antigone” is one of three Theban plays written by Sophocles approximately in 442 BC. Chronologically, it is the third tragedy of the cycle, as the events in it happen last; however it was written first. The character of Antigone is unique and presents a huge historical interest, as it is the first female character in the world literature that fights against the power of men and exhibits great bravery comparing with those men who scorn her. This play is not only feminist; it is also very radical in wide meaning of this word, as it rebels against authority in general ...

Regulation Problems

The Berne Convention; Since long ago Intellectuals believed that people should control their creations and inventions, since they are the creators of those properties. In the year 1787 America included her support for copyright in the constitution in, Article 1; Section 8, Clause 8” Which states that, “congress has the mandate to promote the science and useful arts by securing author’s and Inventor’s exclusive rights to their writings and discoveries for a limited period of time”( SPINELLO,2009,pg 31). By that time countries such as Germany, France and Britain had already began copyrighting properties for their ...

Explicit Communication Paper

Sexually explicit material has been increasingly incorporated into the modern society. This has come because of the conclusion that it improves the economy since it sells at an alarmingly fast rate. Although this is the trend, there is a considerable danger in the society, which is increasingly becoming sexual. The first underestimated danger is the fact that the life of the young people in the society is at stake. This is especially as far as their morality is concerned. In addition to this, psychologically disturbed adults usually end up breaking the law. Because of the negative effects of sexual explicit ...

Introduction

Sexually explicit materials are common despite their negative impacts on the society especially in people with psychological problems and adolescent. One of the negative impacts of sexual explicit communication is that the people who view, read, or listen to the materials become law offenders. The federal government in attempts to protect the society has set some standards to regulate explicit communication (Federal Communications Commission, 2011). The laws protect the public from extra exposure to explicit materials which may derive them of their values and morals. The standards also protect the citizens from becoming oversexed as a result of listening, viewing, ...