Should consenting adults have the right to view or read whatever movies or books they wish?
Or does society have a strong interest in abating cultural pollution by regulating distribution of obscene and pornographic films and books? What good are clean rivers and air if we live in a disgustingly polluted culture?
Consider Chief Justice Burger's observation in Paris Adult Theatre (p. 100): "If we accept the...well nigh universal belief that good books, plays, and art lift the spirit, improve the mind, enrich the human personality, and develop character, can we then say that a state legislature may not act on the corollary assumption that commerce in obscene books, or public exhibitions focused on obscene conduct, have a tendency to exert a corrupting and debasing impact leading to antisocial behavior?"
Or as Leon Kass likes to say, even if there is no empirical data to support the notion that obscenity is socially debasing, much of what is freely available today in our society is certainly repugnant and "repugnance is the emotional expression of deep wisdom, beyond reason’s power fully to articulate it." See prior post here.
But who decides which expression is obscene or repugnant and which is not? Do you trust government officials to decide which is which?
The web log for Prof. Duncan's Constitutional Law Classes at Nebraska Law-- "[U]nder our Constitution there can be no such thing as either a creditor or a debtor race. That concept is alien to the Constitution's focus upon the individual. In the eyes of government, we are just one race here. It is American. " -----Justice Antonin Scalia If you allow the government to take your liberty during times of crisis, it will create a crisis whenever it wishes to take your liberty.
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I. Tinker A student's right to speak (even on controversial subjects such as war) in the cafeteria, the playing field, or "on the...
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Monday August 28 : Handout on Moore v Harper (PDF has been emailed to you); Originalism vs. the "Living Constitution": Strau...
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Jack Phillips of Masterpiece Cakeshop (art by Joshua Duncan) "We may not shelter in place when the C...
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