Regulation in Media: Obscenity and Pornography

In the United States, we have a desire to be entertained and fulfilled by more than just our peers. In many cases, people look to the media for more than just simple entertainment; they need to be satisfied.1 Every society has struggled with the question of what to do about representations of sexual activity.2 Such material is prevalent because it manifests the tensions that arise between desire and social norms. Artful treatments of sex enhance our understanding of these tensions. Since societies are ambivalent about sexual freedom and are concerned about the impact of degrading sexual depictions on the quality of sexuality, they attempt by law to differentiate proper from improper display, or to prohibit display altogether.3

This struggle is particularly sensitive in the United States, in which the values of liberty and social responsibility often clash.4 Liberal principles hold that all forms of expression should be protected by the First Amendment unless they cause direct, demonstrable harm to others.5 Although violent erotic materials have been shown in laboratory studies to make males more inclined to commit violence against women, such studies have not demonstrated direct, systematic harm.6 The Liberal approach would limit regulation to protecting only minors and the sensibilities of non-consenting adults.7

1 2

Finkelstein, S. 124 Finkelstein, S. 124 3 Finkelstein, S. 125 4 Finkelstein, S. 125 5 Finkelstein, S. 125 6 Finkelstein, S. 128 7 Finkelstein, S. 128

Social Responsibility principles, however, endorse the right of majorities to restrain liberty in order to protect society from potential harm and to support communitarian norms of sexual virtue.8 The Supreme Court has imposed liberal principles in cases involving political or religious speech, but it has allowed some measure of community control by holding that the First Amendment does not protect all forms of expression.9 Expression deemed to possess social value merits protection unless it causes substantial and demonstrable direct harm, whereas less valuable expression is unprotected.10 This kind of expression may be prohibited if the government simply shows a good reason to be concerned about its potential impact.11

Obscenity is not the same thing as pornography. Traditionally, American law has used the concept of obscenity to draw the line between prohibited and permitted sexual representations.12 Obscenity refers to those things considered disgusting, foul, or morally unhealthy.13 Pornography is broader in meaning, pertaining to depictions of sexual lewdness or erotic behavior.14 Pornography may not be obscene. Until 1957, there werent many challenges to laws against pornography, reflecting a generally-accepted viewpoint on what was obscene.15 But as pornographic representations and literature became more available after World War II, the Supreme Court was eventually confronted with a constitutional challenge to suppression of pornography.16

8 9

Heins, M. 97 Heins, M. 97 10 Heins, M. 99 11 Heins, M.101 12 Smith, J. 47 13 Smith, J. 47 14 Smith, J. 47 15 Smith, J. 47 16 Smith, J. 47

Since America is a free country, I do believe that we are exposed to indecency more than other areas of the world, such as the Middle East. This automatically makes us a little more desensitized to inappropriate issues. On the other hand, I do not believe that the whole country can be so easily desensitized. It truly comes down to where you are from, your religious beliefs, personal morals, and culture. For instance, someone living in San Francisco may be more exposed to pornography and obscenity than someone from Bakersfield. Big cities are surrounded by a wider mix of people than small town U.S.A.

Although I think America is exposed to quite a bit, we are considered conservative in comparison to countries like France, Germany, and Japan. Pornographic images are a norm in their country. They are found in stores, street stands, billboards and more. They look at those images and films as just a choice and not necessary inappropriate. Im not sure if I agree with it, but I have noticed that those societies are not as focus on sex as we are in our advertising, films, and television.

Overall, I blame the media for how women have been over-sexed in our society. The statement sex sells is getting old and over played. What would be wrong with promoting true love and friendship between people? Why do we need airbrushed models to tell us what to do? I hope that America will learn to appreciate healthy advertising that teaches society about something new.

Works Cited

Finkelstein, S. (2009). Keeping it Clean. Index On Censorship, 38(1), 123-127. doi:10.1080/03064220902734822

Heins, M. (2009). Not in my backyard. Index On Censorship, 38(1), 96-103. doi:10.1080/03064220802712191 Smith, J. When Free Speech is in the Eye of the Beholder: Use of Demonstrative Evidence to Delineate Community Standards in Obscenity Cases. (2011). Free Speech Yearbook, 4557-66.