Monday, February 25, 2008

Censorship and Obscenity

The following paragraphs are taken from the American Library Association page about intellectual freedom. Using the Supreme Court's own guidelines, I don't see how anyone can find
The Kite Runner pornography and/or obscene.



What Are The Most Frequently Censored Materials?
Throughout history, books have been challenged for many reasons, including political content, sexual expression, or language offensive to some people’s racial, cultural, or ethnic background, gender or sexuality, or political or religious beliefs. Materials considered heretical, blasphemous, seditious, obscene or inappropriate for children have often been censored.
Since the dawn of recorded human expression, people have been burned at the stake, forced to drink poison, crucified, ostracized and vilified for what they wrote and believed.

Aren’t There Some Kinds Of Expression That Really Should Be Censored?
The United States Supreme Court has ruled that there are certain narrow categories of speech that are not protected by the First Amendment: obscenity, child pornography, defamation, and “fighting words,” or speech that incites immediate and imminent lawless action. The government is also allowed to enforce secrecy of some information when it is considered essential to national security, like troop movements in time of war, classified information about defense, etc.

What Is Obscenity?
Sexual expression is a frequent target of censorship. But the Supreme Court has told us that material is not obscene unless a judge or jury finds that an average person, applying contemporary community standards, would find that the material appeals to the prurient (or morbid, shameful, and unhealthy) interest in sex (note that, by its definition, the Court implicitly recognized that there is such a thing as a healthy interest in sex!); that it depicts or describes certain sexual acts defined in state law in a patently offensive way; and that a reasonable person (community standards do not control this last element) would find that the material lacks serious literary, artistic, political or scientific value. All three elements must be present for material to be judged by a judge or jury as obscene and, therefore, illegal.

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