Obscenity Law Reporter


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The First Amendment


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Dirty Works


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Gold Medal (tie) in the 2022 Independent Publisher Book Awards (IPPYs) - History (U.S.) Category. A rich account of 1920s to 1950s New York City, starring an eclectic mix of icons like James Joyce, Margaret Sanger, and Alfred Kinsey—all led by an unsung hero of free expression and reproductive rights: Morris L. Ernst. At the turn of the twentieth century, the United States was experiencing an awakening. Victorian-era morality was being challenged by the introduction of sexual modernism and women's rights into popular culture, the arts, and science. Set during this first sexual revolution, when civil libertarian-minded lawyers overthrew the yoke of obscenity laws, Dirty Works focuses on a series of significant courtroom cases that were all represented by the same lawyer: Morris L. Ernst. Ernst's clients included a who's who of European and American literati and sexual activists, among them Margaret Sanger, James Joyce, and Alfred Kinsey. They, along with a colorful cast of burlesque-theater owners and bookstore clerks, had run afoul of stiff obscenity laws, and became actors in Ernst's legal theater that ultimately forced the law to recognize people's right to freely consume media. In this book, Brett Gary recovers the critically neglected Ernst as the most important legal defender of literary expression and reproductive rights by the mid-twentieth century. Each chapter centers on one or more key trials from Ernst's remarkable career battling censorship and obscenity laws, using them to tell a broader story of cultural changes and conflicts around sex, morality, and free speech ideals. Dirty Works sets the stage, legally and culturally, for the sexual revolution of the 1960s and beyond. In the latter half of the century, the courts had a powerful body of precedents, many owing to Ernst's courtroom successes, that recognized adult interests in sexuality, women's needs for reproductive control, and the legitimacy of sexual inquiry. The legacy of this important, but largely unrecognized, moment in American history must be reckoned with in our contentious present, as many of the issues Ernst and his colleagues defended are still under attack eight decades later.




The Law of Obscenity


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The Brethren


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The Brethren is the first detailed behind-the-scenes account of the Supreme Court in action. Bob Woodward and Scott Armstrong have pierced its secrecy to give us an unprecedented view of the Chief and Associate Justices—maneuvering, arguing, politicking, compromising, and making decisions that affect every major area of American life.




Freedom of Speech


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Detailed yet highly readable, this book explores essential and illuminating primary source documents that provide insights into the history, development, and current conceptions of the First Amendment to the Constitution. The freedom to speak one's mind is a subject of great importance to most Americans but especially to students, minorities, and those who are socially or economically disadvantaged—individuals whose voices have historically been censored or marginalized in American society. Documents Decoded: Freedom of Speech offers accessible, student-friendly explanations of specific developments in freedom of speech in the United States and carefully excerpted primary documents, making it an indispensable resource for educators seeking to teach the First Amendment and for students wanting to learn more about important free-speech decisions. The chronologically ordered documents explore topics typically covered in American history and government curricula, addressing such contemporary issues as the regulation of online speech, flag desecration, parody, public school student speech, and the Supreme Court's recent decisions on the issue of corporate speech rights.




Memoirs of Fanny Hill


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Pornography and the Justices


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Examines the ways in which the Supreme Court has dealt with obscenity. Chronological chapters featuring a specific aspect of the constitutional problem and the solutions espoused by a particular justice relate each decision to the temper of the times and the guarantees of the First and Fourth Amendments. Concludes that private collection of pornographic material should be restricted only by time and place. Annotation copyright by Book News, Inc., Portland, OR




The Hateful and the Obscene


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In a series of landmark decisions since 1990, Canadian courts have shaped a distinctive approach to the regulation of obscenity, hate literature, and child pornography. Missing from the debate, however, has been any attempt to determine whether the legal status quo can be justified by reference to a framework of moral/political principles. The Hateful and the Obscene is intended to fill that gap. L.W. Sumner brings philosophical depth and theoretical rigour to some of the most important and difficult questions concerning free expression. Building on a framework set out by J.S. Mill – that a legal restriction of expression is justified only when the expression in question is harmful to others and when the benefits of the restriction will exceed its costs – Sumner shows how the Canadian courts have replicated Mill's framework in their interpretation of the Canadian Charter of Rights and Freedoms. The Hateful and the Obscene is a compelling interpretation of freedom of expression that combines serious philosophical thought with a focus on Canadian law, thus maintaining the breadth to deal with both obscenity and hate literature.




The End of Obscenity


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George Polk Award Winner: This account of American book banning and the battles against it is "a tour de force to fascinate lawyers and laymen alike” (The New York Times Book Review). Up until the 1960s, depending on your state of residence, your copy of Henry Miller’s Tropic of Cancer might be seized by the US Postal Service before reaching your mailbox. Selling copies of Cleland’s Fanny Hill in your bookstore was considered illegal. Lady Chatterley’s Lover by D. H. Lawrence was, according to the American legal system, pornography with no redeeming social value. Today, these novels are celebrated for their literary and historic worth. The End of Obscenity is Charles Rembar’s account of successfully arguing the merits of such great works of literature in front of the Supreme Court. As the lead attorney on the case, he—with the support of a few brave publishers—changed the way Americans read and honor books, especially the controversial ones. Filled with insight from lawyers, justices, and the authors themselves, The End of Obscenity is a lively tour de force. Racy testimony and hilarious asides make Rembar’s memoir not only a page-turner but also an enlightening look at the American legal system. “[Rembar’s] book deals not with the why of obscenity laws but with the how . . . many of his anecdotal digressions into history and law are sharp and amusing.” —The New Republic