What Constitutes Obscenity?

Paper Summary:

This paper discusses how Americans despise obscenity by and large, but have always had a problem with identifying just what was obscene and why. This study maintains that while popular and legal definitions may vary, some people may simply consider something obscene if it is forced upon them rather than when they purposely seek out such literary materials or artistic works for themselves for prurient or other reasons. A summary of the research and important findings is provided in the conclusion.

Outline:
Introduction
Review and Discussion
Background and Overview
Arbiters of Obscenity and Their Implications for Artists and the Media
Conclusion

From the Paper:

"According to Kidd, there was essentially no due process provided the artist in this unfair association between him and denied Mapplethorpe his "day in court" in which he could voice his rebuttals; rather, the case was an example of an arbitrary - and some say capricious - decision by the Institute for Contemporary Art as to what they regarded as obscene, and they got paid handsomely for the privilege of designating Mapplethorpe's work as being obscene: "The key decisions that implicated the NEA in the funding of 'obscenity' were made not by the artist, and not even by the NEA, but by mediating arts organizations -- specifically, the Institute for Contemporary Art in Philadelphia, that used a $30,000 NEA grant to mount a retrospective of Mapplethorpe's photography" (Kidd, 2003, p. 6). By any measure, Mapplethorpe's works could be viewed as being inappropriate for certain age groups or others, depending on the unique individual factors involved, but the same issues that affected the Mapplethorpe outcome are at play in virtually every instance of the obscenity determination."

Sample of Sources Used:

• Black's Law Dictionary. St. Paul, MN: West Publishing Company, 1991.
• Hixson, R. F. (1996). Pornography and the Justices: The Supreme Court and the Intractable Obscenity Problem. Carbondale, IL: Southern Illinois University Press.
• Kidd, Dustin. (2003). "Mapplethorpe and the New Obscenity." Afterimage, 30(5):6.
• Platt, Leah. (2001, August 27). "Not in Front of the Children: 'Indecency,' Censorship, and the Innocence of Youth." The American Prospect 12(15):45.
• Rigney, J. T. (2003). "Avoiding Slim Reasoning and Shady Results: A Proposal for Indecency and Obscenity Regulation in Radio and Broadcast Television." Federal Communications Law Journal, 55(2):297.

More papers on What Constitutes Obscenity?:

• Analytical Essay # 7900 : "Censorship and the First Amendment"
• Film Review # 127968 : "Review of "This Film Is Not Yet Rated"
• Analytical Essay # 52556 : "The Pornography Debate"

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