Monday, November 03, 2008

Obscenity and the "Green" First Amendment

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?

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