Discussion Lesson 8
"Censorship reflects a society’s lack of confidence in itself. It is a hallmark of an authoritarian regime..." -Supreme Court Justice Potter Stewart
In 1789 James Madison proposed The Bill of RightsLinks to an external site. – the first 10 Amendments of the U.S. ConstitutionLinks to an external site. – to establish American civil liberties: Freedoms that belong to all U.S. citizens that the federal government cannot usurp. Let's focus on the 1st Amendment, which reads:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
The founders constructed the First Amendment to safeguard the following four liberties:
- Freedom of the Press
- Freedom of Speech
- Freedom to Assemble
- Freedom of Religion
Seems simple enough. However, since the ratification of the Bill of Rights in 1791, Constitutional Law experts have debated the definition and scope of the 1st Amendment, especially the freedom of speech. Their questions include:
- What exactly is free speech?
- Did the Founders intend for the government to regulate free speech?
- What forms of free speech are protected?
- Are false advertising, libel, slander, political and/or commercial speech, social media posts, obscene language, etc., protected?
Obscenity and free speech is also debated. The Supreme Court has often ruled that freedom of speech does not protect obscenity. Reaching consensus about 1) what constitutes obscenity, and 2) to what extent obscenity can be regulated has spurred fierce debate over time. Landmark U.S. Supreme Court Cases that address first amendment rights relative to obscenity include Jacobellis v. Ohio (1964), Links to an external site.spurred by the conviction of movie theater manager Nico Jacobellis for screening an "obscene film" in 1963 in Ohio. Jacobellis appealed his case all the way to the U.S. Supreme Court. In 1964, SCOTUS reversed the ruling. In his opinion for Jacobellis v. Ohio (1964), Justice Potter Stewart argued:
I shall not today attempt further to define the kinds of material I understand to be embraced within ["hard-core pornography"], and perhaps I could never succeed in intelligibly doing so. But I know it when I see it, and the motion picture involved in this case is not that.
In other words, I can’t define obscenity, but I know it when I see it.
WARNING: Some of the language in the videos may offend you.
Lenny Movie Clip 7/11 "Arrested for Obscenity," (Fandango Movieclips)
Lenny Movie Clip 8/11 "Dirty But Not Obscene" (Fandango Movieclips)
Lenny Movie Clip, "Contempt of Court" (Rotten Tomatoes)
STOP! To answer the Lesson 8 Question Set, you are required to read, select, and include 2 takeaways from the Discussion Lesson 8 Reading, Obscenity and Pornography, Links to an external site.from MSTU's Free Speech Center, in your response.
Reading URL: https://firstamendment.mtsu.edu/article/obscenity-and-pornographyLinks to an external site.
Optional Reading: Chapter 26: The Affluent Society in The American Yawp, http://www.americanyawp.com/ (Links to an external site.)
Instructions: Review the Discussion Lesson Instructions within the Discussion Lessons module for details.
DISCUSSION LESSON QUESTION SET:
1. What does the excerpt from Justice Potter Stewart’s opinion for Jacobellis v. Ohio (1964)Links to an external site. convey about the subjectivity of free speech?
2. Watch the above excerpts from Lenny (1974), a film about comedian Lenny Bruce, who was repeatedly arrested and convicted for using obscenity in his performances at public venues in the 1960s. What message does Lenny Bruce convey about the effects of censorship in a free society that values free speech?