This week we are addressing the legal framework for sexually-oriented speech, po

Question

This week we are addressing the legal framework for sexually-oriented speech, pornography and obscenity. Obviously, this is a discussion fraught with potential issues.

The somewhat humorous recounting in "Movie Day at the Supreme Court or `I Know It When I See It": A History of the Definition of Obscenity" attempts to summarize what Bob Woodward wrote in The Brethren. Admittedly, some of the descriptions of the perspectives on pornography are themselves graphic--if rather funny.

Question 1: Taking children out of the equation -- either as subjects or viewers -- what interest do you think that society has in policing/regulating these materials?

Question 2: What do you think of the Miller Test? Does it go too far, or not far enough? What would you change about it?

Explanation / Answer

1. This may be closely linked with the evolutionary perspective. It was seen as a prctical choice to undertake sexual activities within a closed setting so as to avoid potential danger or captivity. This led people to control their animalistic inctincts are engage in such activities in a closed and regulated manner. The same continues to date, however due to the impact of dynamic factors, a lot of stigma and stereotypes surround such themes. Understanding one's own sexuality, dealing with sexual concerns are therefore challenging for people since it is culturally inappropriate to communicate about them openly. Open access to such material may involve more people to ignore important issues such as consent and enhance crimes like rape.

2. The Miller test, also called the three prong obscenity test, is the United States Supreme Court's test for determining whether speech or expression can be labeled obscene, in which case it is not protected by the First Amendment to the United States Constitution and can be prohibited. The Miller test did not go too far due to several reasons. One of them is the fact that it is challenging in itself to lay jurisdiction in the internet age. Also, a lesser strict or more flexible standard may lead to greater censorship. These concerns make it less applicable and need alterations in order to be more impactful.

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