Some Issues in the Censorship vs Freedom of Art
(Based in part on Fisher's discussion, Ch. 4)

• Legal censorship vs moral censure
• Could say legal censorship not appropriate and say moral disapproval (or approval) is
• One might believe that art ought not to exemplify evil/offensive attitudes but still oppose censoring art that does this (for opposed to censorship in all forms)
• Could legally allow art to be produced, but require or make people label it (movie ratings) and govern how they market and advertise it
• FTC case of violence pedaled to children;
• Government regulations or voluntary standards?



• How in our society, legally, art is distinguished from mere pornography/obscenity
• Cincinnati arts center director prosecuted for violating obscenity law (but dismissed)
• Do you think that if Mapplethorpe had been about women, he would have created such a fuss?



• Definition of pornography/obscenity and how dif from art
• Definition of Obscenity: (From 1973 Supreme Court, Paris Adult Theatre I v. Slayton) In Georgia code:
• Applying prevailing community standards
• Appeals to prurient interests (e.g., shameful interests in nudity, sex, or excretion)
• Utterly without redeeming social value when work is considered as a whole (does it have artistic merit?)
• Goes substantially beyond customary limits of candor (i.e., unreserved expression)



• SUPREME COURT CASES

• Stanley v. Georgia (1969)
• States may not ban possession of obscene materials in the home; this is protected by 1st Amendment
• Paris Adult Theatre I v. Slayton (1973)
• States may ban the sale and distribution of obscenity; this is not protected by 1st Amendment
• Barnes v. Glen Theatre (after 1988)
• States my prohibit totally nude dancing; 1st Amendment does not protect totally nude dancing.
• Texas v. Johnson (1989) (5-4)
• A Texas law that prohibits people from burning the American flag as an act of political protest was ruled unconstitutional as a violation of the 1st Amendment.



• How absolute freedom of speech is not plausible
• Yelling fire in crowded theater not allowed, nor should it be.
• Liable/slander
• Fighting words



• No limits on artistic freedom?
• No limits on art for offending people or the bad effects on audience (such as extolling violence)?
• Say art doesn't affect people?
• Why have people read good novels then?