Violence As Obscenity

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.

In Obscene Pedagogies, Carissa M. Harris investigates the relationship between obscenity, gender, and pedagogy in Middle English and Middle Scots literary texts from 1300 to 1580 to show how sexually explicit and defiantly vulgar speech taught readers and listeners about sexual behavior and consent. Through innovative close readings of literary texts including erotic lyrics, single-woman's songs, debate poems between men and women, Scottish insult poetry battles, and The Canterbury Tales, Harris demonstrates how through its transgressive charge and galvanizing shock value, obscenity taught audiences about gender, sex, pleasure, and power in ways both positive and harmful. Harris's own voice, proudly witty and sharply polemical, inspires the reader to address these medieval texts with an eye on contemporary issues of gender, violence, and misogyny.

This research examines the division in US obscenity law that enables strict sex censorship while overlooking violence. By investigating the social and legal development of obscenity in US culture, I argue that the contemporary duality in obscenity censorship standards arose from a family of forces consisting of faith, economy, and identity in early American history. While sexuality ingrained itself in American culture as a commodity in need of regulation, violence was decentralized from the state and proliferated. This phenomenon led to a prioritization of suppressing sexual speech over violent speech. This paper traces the emergence this duality and its source.

In his general introduction to this volume, Victor Cline has listed traditional arguments against censorship, noting, however, that in our body of law we have with some unanimity made a few important exceptions to free speech (e.g., when we prohibit it, as in perjury, false advertising, and in similar instances).

Throughout history obscenity has not really been about sex but about degradation. Sexual depictions have been suppressed when they were seen as lowering the status of humans, furthering our distance from the gods or God and moving us toward the animals. In the current era, when we recognize ourselves and both humans and animals, sexual depiction has lost some of its sting. Its degrading role has been replaced by hate speech that distances groups, whether based on race, ethnicity, gender, or sexual orientation, not only from God but from humanity to a subhuman level. In this original study of the relationship between obscenity and hate speech, First Amendment specialist Kevin W. Saunders traces the legal trajectory of degradation as it moved from sexual depiction to hateful speech. Looking closely at hate speech in several arenas, including racist, homophobic, and sexist speech in the workplace, classroom, and other real-life scenarios, Saunders posits that if hate speech is today’s conceptual equivalent of obscenity, then the body of law that dictated obscenity might shed some much-needed light on what may or may not qualify as punishable hate speech.

Sadomasochism, Popular Culture, and Revolt: A Pornography of Violenceexplores powerful connections between violent pornography and current gender wars, generational conflicts, political struggles, and racial and ethnic unrest. Long before these conflicts dominated headlines worldwide, they become embedded and contextualized in popular culture. Tracing the history of today' popular porn genres, including torture porn, revenge porn, war porn, and fascist porn, Tom Pollard reveals a "sadomasochistic trope" of fictional and real sexual violence and sexual justice that had largely remained hidden and suppressed. Today it has exploded into public awareness by mass movements like #MeToo demanding justice for sexual assault victims. This movement joins other recent social movements, including Black Lives Matter and advocates of safety from gun violence, which, along with #MeToo, constitute a "revolt of submissives" no longer willing to endure unwanted violence. This thoughtful examination of the history and content of violent pornography reveals portentous patterns and developing trends. By examining pornography's violent content, Pollard forces us to confront wider social and cultural violence. Sadomasochism, Popular Culture, and Revoltwill be of great interest to scholars of gay and lesbian studies and queer studies, while being a vital text for undergraduate and graduate instructors of social movement studies in sociology, political science, American Studies, and history. p;lt;/P> This thoughtful examination of the history and content of violent pornography reveals portentous patterns and developing trends. By examining pornography's violent content, Pollard forces us to confront wider social and cultural violence. Sadomasochism, Popular Culture, and Revoltwill be of great interest to scholars of gay and lesbian studies and queer studies, while being a vital text for undergraduate and graduate instructors of social movement studies in sociology, political science, American Studies, and history.

Named a Notable Book by The New York Times Book Review in 1995, Defending Pornography examines a key question that has divided feminists for decades: is censoring pornography good or bad for women? Nadine Strossen makes a powerful case that increasing government power to censor sexual expression, beyond the limits that the First Amendment sensibly permits (for example, outlawing child pornography) would do more harm than good for women and others who have traditionally been marginalized due to sex or gender, She explains how the very anti-porn laws pushed by some feminists have led to the censorship of LGBTQ+ and feminist works, and she examines the startling connections between anti-porn feminists and right-wing fundamentalists. In an illuminating new Preface, Strossen lays out the multiple current assaults on sexual expression, which continue to come from across the ideological spectrum. She shows that freedom for such expression remains an essential prerequisite for the equality, safety, and dignity of women and sexual/gender minorities.