Ninth Nov – Essay Example
Ninth Nov Why obscenity is not Protected Speech under US Constitution, but violent pornography would be, unless it was deemed obscene: To fall within the purview of being declared ‘obscene’, under the Miller v. California, 413 U.S. 15 (1973), it is necessary, inter alia, that the pre conditions ordained by this decision are met. These parameters are, that totally, the materials appeal to stimulate unhealthy and coarse sexual desires, are of a highly derogatory nature, visually showing women in subservient roles and in demeaning and highly compromising positions, and basically catering to the baser instincts of humans, besides having no “literary, artistic, political or scientific value” whatsoever (Hudnut). What is intended is not to censor pornography in totality, but only certain objectionable scenes wherein depictions of women is shown as mere slavish receptacles of male sexual lust.
Thus, for the sake of argument, the use of obscene pornography is unacceptable if it meets any, or all norms set out under the Miller v. California rule, even if it were to otherwise meet certain parameters in terms of lowered degree of undesirable sexual lasciviousness, offensiveness and reduced moral standards.
Thus, the main question that now arises is with regard to the propriety of art and its perpetration, the artist’s prerogative for free expression, the demarcation between protected speech and obscenity, especially violent pornography which is censured.
he dividing line between art and pornography is indeed blur, but perhaps one need to consider the degree of corruptibility each of these are capable of rendering, especially to children and young people with impressionable mindsets. Violent pornography could be considered as obscene, since it could reasonable meet its pre-determined objectives of creating undesirable sexual fantasies and, more importantly, depict women, children and transsexuals in repulsive light, something which a work of art would never condescend to try and achieve.
Hudnut, William H. American Booksellers. United States Court of Appeals for the Seventh Circuit. 1985. Web. 27 Oct. 2010. .