A Matter Of Obscenity

A comprehensive history of censorship in modern Britain For Victorian lawmakers and judges, the question of whether a book should be allowed to circulate freely depended on whether it was sold to readers whose mental and moral capacities were in doubt, by which they meant the increasingly literate and enfranchised working classes. The law stayed this way even as society evolved. In 1960, in the obscenity trial over D. H. Lawrence's Lady Chatterley's Lover, the prosecutor asked the jury, "Is it a book that you would even wish your wife or your servants to read?" Christopher Hilliard traces the history of British censorship from the Victorians to Margaret Thatcher, exposing the tensions between obscenity law and a changing British society. Hilliard goes behind the scenes of major obscenity trials and uncovers the routines of everyday censorship, shedding new light on the British reception of literary modernism and popular entertainments such as the cinema and American-style pulp fiction and comic books. He reveals the thinking of lawyers and the police, authors and publishers, and politicians and ordinary citizens as they wrestled with questions of freedom and morality. He describes how supporters and opponents of censorship alike tried to remake the law as they reckoned with changes in sexuality and culture that began in the 1960s. Based on extensive archival research, this incisive and multifaceted book reveals how the issue of censorship challenged British society to confront issues ranging from mass literacy and democratization to feminism, gay rights, and multiculturalism.

An examination of the landmark 1957 Supreme Court case Roth v. United States, which for the first time attempted to define what constitutes obscenity in American life and law. Explores this problematic ruling within the broad sweep of American social and legal history.

As German-language literature turned in the mid-nineteenth century to the depiction of the profane, sensual world, a corresponding anxiety emerged about the terms of that depiction—with consequences not only for realist poetics but also for the conception of the material world itself. At the Limit of the Obscene examines the roots and repercussions of this anxiety in German realist and postrealist literature. Through analyses of works by Adalbert Stifter, Gustav Freytag, Theodor Fontane, Arno Holz, Gottfried Benn, and Franz Kafka, Erica Weitzman shows how German realism’s conflicted representations of the material world lead to an idea of the obscene as an excess of sensual appearance beyond human meaning: the obverse of the anthropocentric worldview that German realism both propagates and pushes to its crisis. At the Limit of the Obscene thus brings to light the troubled and troubling ontology underlying German realism, at the same time demonstrating how its works continue to shape our ideas about representability, alterity, and the relationship of human beings to the non-human well into the present day.

For some, he was “America’s leading smut king,” hauled into court repeatedly over thirty years for peddling obscene publications through the mail. But when Samuel Roth appealed a 1956 conviction, he forced the Supreme Court to finally come to grips with a problem that had plagued both American society and constitutional law for longer than he had been in business. For while the facts of Roth v. United States were unexceptional, its constitutional issues would define the relationship of obscenity to the First Amendment. The Supreme Court’s 6–3 decision in Roth for the first time tried to definitively rule on the issue of obscenity in American life and law—and failed. In this first book-length examination of the case, Whitney Strub lays out the history of obscenity’s meaning as a legal concept, highlights the influence of antivice crusaders like Anthony Comstock and John Sumner, and chronicles the shadowy career that led Roth to spend nearly a decade of his life imprisoned for the allegedly obscene materials that he sent through the mails. Strub then unwraps the events that produced Roth v. United States, placing the trial in the context of its times—the Kinsey Reports, the Kefauver hearings, free speech debates—by using Roth’s own private papers along with the records of the various prosecutions and the memos of the justices. The significance of Roth, as Strub reveals, lay in the two faces of Justice William Brennan’s majority opinion—which on the one hand reflected the liberalizing attitude toward sexual matters in mid-century America, but on the other kept “obscene” expressions beyond First Amendment protection. Because that ruling points up the contradictions of a society where the prurient and repressive commingle uncomfortably, Strub shows how Roth says much more about American sexual values than Brennan’s written words necessarily acknowledged. In our era of internet pornography and Fifty Shades of Grey, it may be difficult to imagine a time when obscenity was a matter for the courts. As Strub tracks the legacy of Roth and obscenity law through the ongoing policing of acceptable sexuality into the twenty-first century, his riveting narrative brings those times to life and helps readers navigate the fine line between what is socially acceptable and what is criminally obscene.

Anthony Comstock was America’s first professional censor. From 1873 to 1915, as Secretary of the New York Society for the Suppression of Vice, Comstock led a crusade against lasciviousness, salaciousness, and obscenity that resulted in the confiscation and incineration of more than three million pictures, postcards, and books he judged to be obscene. But as Amy Werbel shows in this rich cultural and social history, Comstock’s campaign to rid America of vice in fact led to greater acceptance of the materials he deemed objectionable, offering a revealing tale about the unintended consequences of censorship. In Lust on Trial, Werbel presents a colorful journey through Comstock’s career that doubles as a new history of post–Civil War America’s risqué visual and sexual culture. Born into a puritanical New England community, Anthony Comstock moved to New York in 1868 armed with his Christian faith and a burning desire to rid the city of vice. Werbel describes how Comstock’s raids shaped New York City and American culture through his obsession with the prevention of lust by means of censorship, and how his restrictions provided an impetus for the increased circulation and explicitness of “obscene” materials. By opposing women who preached sexual liberation and empowerment, suppressing contraceptives, and restricting artistic expression, Comstock drew the ire of civil liberties advocates, inspiring more open attitudes toward sexual and creative freedom and more sophisticated legal defenses. Drawing on material culture high and low, including numerous examples of the “obscenities” Comstock seized, Lust on Trial provides fresh insights into Comstock’s actions and motivations, the sexual habits of Americans during his era, and the complicated relationship between law and cultural change.

George Polk Award Winner: This account of American book banning and the battles against it is "a tour de force to fascinate lawyers and laymen alike” (The New York Times Book Review). Up until the 1960s, depending on your state of residence, your copy of Henry Miller’s Tropic of Cancer might be seized by the US Postal Service before reaching your mailbox. Selling copies of Cleland’s Fanny Hill in your bookstore was considered illegal. Lady Chatterley’s Lover by D. H. Lawrence was, according to the American legal system, pornography with no redeeming social value. Today, these novels are celebrated for their literary and historic worth. The End of Obscenity is Charles Rembar’s account of successfully arguing the merits of such great works of literature in front of the Supreme Court. As the lead attorney on the case, he—with the support of a few brave publishers—changed the way Americans read and honor books, especially the controversial ones. Filled with insight from lawyers, justices, and the authors themselves, The End of Obscenity is a lively tour de force. Racy testimony and hilarious asides make Rembar’s memoir not only a page-turner but also an enlightening look at the American legal system. “[Rembar’s] book deals not with the why of obscenity laws but with the how . . . many of his anecdotal digressions into history and law are sharp and amusing.” —The New Republic

This entertaining and insightful book is the first devoted exclusively to the films that have earned a special place in motion picture history by pushing the “cinematic envelope” with their treatment of provocative subjects and themes. Obscene, Indecent, Immoral & Offensive: 100+ Years of Controversial Cinema chronicles the history of Hollywood censorship and the films that were banned, censored, and condemned by the Production Code Administration and the Legion of Decency. Stephen Tropiano offers readers insightful and accessible analysis of films that were branded “controversial” at the time of their release due to explicit language, nudity, graphic sex, violence, and their treatment of “adult” subject matter and themes. The films profiled include The Birth of a Nation, Anatomy of a Murder, Who's Afraid of Virginia Woolf?, Baby Doll, Blackboard Jungle, Bonnie and Clyde, The Wild Bunch, A Clockwork Orange, Natural Born Killers, Caligula, Rosemary's Baby, Life of Brian, The Last Temptation of Christ, and The Passion of the Christ.

In Dirt for Art's Sake, Elisabeth Ladenson recounts the most visible of modern obscenity trials involving scandalous books and their authors. What, she asks, do these often-colorful legal histories have to tell us about the works themselves and about a changing cultural climate that first treated them as filth and later celebrated them as masterpieces? Ladenson's narrative starts with Madame Bovary (Flaubert was tried in France in 1857) and finishes with Fanny Hill (written in the eighteenth century, put on trial in the United States in 1966); she considers, along the way, Les Fleurs du Mal, Ulysses, The Well of Loneliness, Lady Chatterley's Lover, Tropic of Cancer, Lolita, and the works of the Marquis de Sade. Over the course of roughly a century, Ladenson finds, two ideas that had been circulating in the form of avant-garde heresy gradually became accepted as truisms, and eventually as grounds for legal defense. The first is captured in the formula "art for art's sake"-the notion that a work of art exists in a realm independent of conventional morality. The second is realism, vilified by its critics as "dirt for dirt's sake." In Ladenson's view, the truth of the matter is closer to -dirt for art's sake-"the idea that the work of art may legitimately include the representation of all aspects of life, including the unpleasant and the sordid. Ladenson also considers cinematic adaptations of these novels, among them Vincente Minnelli's Madame Bovary, Stanley Kubrick's Lolita and the 1997 remake directed by Adrian Lyne, and various attempts to translate de Sade's works and life into film, which faced similar censorship travails. Written with a keen awareness of ongoing debates about free speech, Dirt for Art's Sake traces the legal and social acceptance of controversial works with critical acumen and delightful wit.

This timely new study provides a systematic, comparative, and compre­hensive view of literature's involvement in the obscenity question. The year 1890 roughly marks the beginning of a sexual revolution in the fiction published in the United States. Today, the gains realized generally are regarded as beneficial, and the right of writers to express themselves and, per­haps more importantly, the right of people to read, usually are taken for granted, though they are not without peril, as recent Court cases have shown. The year 1890 marks also the beginning of a sustained effort through legal action to censor literature considered obscene. The tensions thus produced are with us still. A crisis once again seems brewing as a result of the Burger Court's 1973Miller v. California decision. At least 2of the 50 states have already passed new antiobscenity legislation based on Miller, and more than 250 such bills are pending in other state legisla­tures. The trauma to our national psyche caused by the obscenity issue is the sub­ject of this new, thorough, and dispas­sionate study. Dean Lewis's investiga­tions include all works of imaginative literature--novels, short stories, poetry, and plays--known to have been the subject of obscenity litigation in the United States, for which court records exist, up to and including the Carnal Knowledge (Jenkins v. Georgia)case in 1974, and encompass more than fifty major works of imaginative literature charged with being obscene. General readers concerned with civil rights, constitutional scholars, lawyers, judges, booksellers, publishers, writers, and librarians will find here much to ponder about the state and status of our literature--"almost the most prodigious asset of a country, and perhaps its most precious possession," Mark Twain once wrote.