Media Freedom Paper

8/2/2019 Media Freedom Paper

1/4

Regulation in Media: Obscenity and Pornography

In the United States, we have a desire to be entertained and fulfilled by more than just our

peers. In many cases, people look to the media for more than just simple entertainment; they

need to be satisfied.1

Every society has struggled with the question of what to do about

representations of sexual activity.2

Such material is prevalent because it manifests the tensions

that arise between desire and social norms. Artful treatments of sex enhance our understanding

of these tensions. Since societies are ambivalent about sexual freedom and are concerned about

the impact of degrading sexual depictions on the quality of sexuality, they attempt by law to

differentiate proper from improper display, or to prohibit display altogether.3

This struggle is particularly sensitive in the United States, in which the values of liberty

and social responsibility often clash.4

Liberal principles hold that all forms of expression should

be protected by the First Amendment unless they cause direct, demonstrable harm to others.5

Although violent erotic materials have been shown in laboratory studies to make males more

inclined to commit violence against women, such studies have not demonstrated direct,

systematic harm.6

The Liberal approach would limit regulation to protecting only minors and the

sensibilities of non-consenting adults.7

1Finkelstein, S. 124








2/4

Social Responsibility principles, however, endorse the right of majorities to restrain

liberty in order to protect society from potential harm and to support communitarian norms of

sexual virtue.8

The Supreme Court has imposed liberal principles in cases involving political or

religious speech, but it has allowed some measure of community control by holding that the First

Amendment does not protect all forms of expression.9

Expression deemed to possess social value

merits protection unless it causes substantial and demonstrable direct harm, whereas less

valuable expression is unprotected.10 This kind of expression may be prohibited if the

government simply shows a good reason to be concerned about its potential impact.11

Obscenity is not the same thing as pornography. Traditionally, American law has used

the concept of obscenity to draw the line between prohibited and permitted sexual

representations.12

Obscenity refers to those things considered disgusting, foul, or morally

unhealthy.13

Pornography is broader in meaning, pertaining to depictions of sexual lewdness or

erotic behavior.14

Pornography may not be obscene.Until 1957, there werent many challenges

to laws against pornography, reflecting a generally-accepted viewpoint on what was obscene.15

But as pornographic representations and literature became more available after World War II, the

Supreme Court was eventually confronted with a constitutional challenge to suppression of

pornography.16

8Heins, M. 97

9Heins, M. 97

10Heins, M. 99

11Heins, M.101

12Smith, J. 47

13Smith, J. 47

14Smith, J. 47

15Smith, J. 47

16Smith, J. 47
http://www.answers.com/topic/communitarianhttp://www.answers.com/topic/world-war-iihttp://www.answers.com/topic/world-war-iihttp://www.answers.com/topic/communitarian


3/4

Since America is a free country, I do believe that we are exposed to indecency more than

other areas of the world, such as the Middle East. This automatically makes us a little more

desensitized to inappropriate issues. On the other hand, I do not believe that the whole country

can be so easily desensitized. It truly comes down to where you are from, your religious beliefs,

personal morals, and culture. For instance, someone living in San Francisco may be more

exposed to pornography and obscenity than someone from Bakersfield. Big cities are surrounded

by a wider mix of people than small town U.S.A.

Although I think America is exposed to quite a bit, we are considered conservative in

comparison to countries like France, Germany, and Japan. Pornographic images are a norm in

their country. They are found in stores, street stands, billboards and more. They look at those

images and films as just a choice and not necessary inappropriate. Im not sure if I agree with it,

but I have noticed that those societies are not as focus on sex as we are in our advertising, films,

and television.

Overall, I blame the media for how women have been over-sexed in our society. The

statement sex sells is getting old and over played. What would be wrong with promoting true

love and friendship between people? Why do we need airbrushed models to tell us what to do? I

hope that America will learn to appreciate healthy advertising that teaches society about

something new.

Works Cited

Finkelstein, S. (2009). Keeping it Clean.Index On Censorship, 38(1), 123-127.

doi:10.1080/03064220902734822


4/4

Heins, M. (2009). Not in my backyard.Index On Censorship, 38(1), 96-103.

doi:10.1080/03064220802712191

Smith, J. When Free Speech is in the Eye of the Beholder: Use of Demonstrative Evidence to

Delineate Community Standards in Obscenity Cases. (2011). Free Speech Yearbook, 4557-66.

Media Freedom Paper

Documents

Transcript of Media Freedom Paper