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Pornography and the effects on society
Negative effects of pornography on society
Importance of the freedom of speech
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First Amendment Relation to Pornography and Obscenity Pornography refers to sexual materials designed to arouse sexual desire of viewers/readers. The provisions of the First Amendment prohibit the government from abridging the freedom of speech (Hafen 210). Despite the provisions, the US Supreme Court interprets the constitution to identify the limits and boundaries inherent in the First Amendment rights. Accordingly, the First Amendment does not protect two types of pornography: child pornography and obscenity (Hafen 210). The First Amendment protects all other pornographic materials not falling in these two categories, but only for adult viewers. Chief Justice Warren Burger set three rules that are helpful in determining whether a material is pornographic or not. First, it is important to determine whether the material appeals to the prurient interest if an average person applies contemporary community standards to that materia (Barmore 475)l. Second, determine whether the material describes or depict sexual content, in a patently offensive manner (Barmore 476). Finally, determine whether the entire work lacks serious literary, artistic, political, or scientific value (Hafen 210). These three tests can help one determine whether a …show more content…
Civil liberties protects an individual’s right to form and express personal preferences or convictions, and to act freely upon these preferences or convictions, in the private sphere, without intrusive interference from the government (Schmidt). On the contrary, civil rights emphasize a person’s rights as a citizen to engage freely and equally in public affairs and politics so that the person can promote his or her preferred public policy (Schmidt). Another difference is that the government grants and protects civil rights to ensure fairness and prevent discrimination, whereas the constitution/founding document grants civil liberties to all citizen
Illinois, the constitutional position on obscene material has not changed. The Miller Test, with the revised third prong has remained unaltered and obscenity prosecutions have continued in steady decline from 1990. The dispute and definition of obscenity still persist but with the lack of Supreme Court attention to such matters it development is unlikely. Perhaps the law of obscenity ought to be reexamined and defined to create a more constructive standard. Or, just as feasibly, it could be considered that a unanimous, objective standard is unattainable as Justice Stevens stated in his dissent “De gustibus non est disputandum. Just as there is no arguing about taste, there is no use litigating about
Civil liberties can be defined as the basic rights and freedoms of an individual granted to citizens in the United States and the entire world through the national common law or the statute law. The liberties include freedom of association, speech, movement, religious worship, and that from arbitrary arrest. The liberties get to form the roots of democracy in a society. In a dictatorial from of administration, the citizens are denied the rights and freedoms. However, liberties can be described as universal rights and freedoms. During the cold war in 1945 to 1953, the civil liberties got faced by many challenges as the citizens of the US faced and lived in a lot of terror.
According to the Webster-dictionary The First Amendment is an amendment to the Constitution of the United States guaranteeing the right of free expression; includes freedom of assembly and freedom of the press and freedom of religion and freedom of speech. Since the first Amendment was written by our founding fathers and is part of our constitution it should never be violated. Being able to say and express what one thinks without been afraid of going to jail. In the essays “First Amendment Junkie” by Susan Jacoby and “Let’s Put Pornography back in the closet” by Susan Brownmiller both writes about the First Amendment is when one can express them. Jacoby and Brownmiller both write about pornography and the first amendment using pathos and ethos in their writing. However, Jacoby’s essay is more reliable because she uses ethos to provide credible resources, as well as use pathos to appeal to her credibility.
In order to fully understand what constitutes as a civil liberty the definition of a civil liberty must first be established. A civil liberty is defined as “Those rights, such as freedom of speech and religion, that are so fundamental that they are outside the authority of government to regulate” ( Schiller, Geer, & Segal, 2013). Essentially meaning that a civil liberty is a basic human right that not even government should be able to interfere with it. Quick examples of these rights are freedom of speech, press, religion,etc.
In her essay “Let’s Put Pornography Back in the Closet,” Susan Brownmiller, a prominent feminist activist, argues that pornography should not be protected under the First Amendment (59). Her position is based on the belief that pornography is degrading and abusive towards women (Brownmiller 59). She introduces the reader to the U.S. Constitution’s First Amendment, and explains how it relates to her beliefs on censoring pornographic material (Brownmiller 58). In addition, she provides examples of First Amendment controversies such as Miller v. California and James Joyce’s Ulysses to explain how the law created a system to define pornographic material (Brownmiller 58). She described the system that used a three-part test as confusing (Brownmiller 58). Regardless of whether or not the First Amendment was intended to protect obscenities, she and many others believe that the legislatures should have the final say in the decision of creating and publishing pornography (Brownmiller 60).
Pornography is considered by many to be an unwelcome and distasteful part of our society. However, I argue that it is necessary to voice the unpopular viewpoints, under the Constitution. This paper is a defense of pornography as a constitutional right of free expression, under the First Amendment of the Bill of Rights. In illustrating this argument, I will first define pornography as a concept, and then address central arguments in favor of pornography remaining legal and relatively unregulated – such as the development of the pornography debate throughout modern US law, and how activist groups address the censorship of adult entertainment.
Pornography Under The Federal Sentencing Guidelines In The United States. Law & Contemporary Problems, 76(1), 27-52.
The protection of civil liberties and civil rights is critical to the existence of our society. Civil rights are the nonpolitical rights of people granted by the government that provide protection for citizens and guarantee fairness. For example, civil rights ensure a person receives equal treatment with regard to education, housing, employment, etc. Civil rights protect people from discrimination and unfair treatment. Civil liberties are basic rights for all people that are broad and guaranteed by the Constitution. Civil liberties are also referred to as personal freedoms. These liberties or freedoms give people the various rights without government interference such as the right to free speech, to vote,
Both Civil liberties and rights are not nor represent the same thing. Civil liberties are personal guarantees and freedoms that the government cannot abridge, either by law or by judicial interpretation. Civil rights are the rights of individuals to receive equal treatment in a number of settings including education, employment, housing, and more. Many interests groups use these terms to support their own campains so that politicians might notice something being violated in the constitution.
Civil rights are the rights to personal liberty and are provided by the law. The Constitution and the Bill of Rights promises everybody civil rights. But many people, including lots of black people, have been denied their civil rights. Black people, and also some white people who help them, have struggled for these rights for a long time. Many people have helped and many kinds of groups have been formed to help win equal rights for everyone. Things are a lot better used to be, but the struggle is not over.
From the beginning, the United States Constitution has guaranteed the American people civil liberties. These liberties have given citizens rights to speak, believe, and act freely. The Constitution grants citizens the courage to express their mind about something they believe is immoral or unjust. The question is, how far are citizens willing to extend the meanings of these liberties? Some people believe that American citizens take advantage of their civil liberties, harming those around them. On the contrary, many other people feel that civil liberties are necessary tools to fight for their Constitutional rights.
We know people support rights in theory but their support may waiver when it comes time to put those rights into practice. Civil liberties are legal constitutional protections against the government, and basically, tell the government what it cannot do. Judicial interpretations shape the nature of civil liberties, and as these interpretations change over time, so do our rights. To understand the civil liberties and freedoms we have, and how they have changed, we must examine several key Supreme Court decisions.
Throughout American history, our civil liberties as American citizens have evolved immensely. For example, the first ten amendments in the U.S. Constitution are referred to as the “The Bill of Rights,” which contains some of the most cherished civil liberties, such as freedom of speech and religion. These civil liberties however, did not originally apply to state governments or institutions the state established. The Bill of Rights focused solely on what the national government could not do, allowing state governments to do whatever they wanted. For example, Massachusetts, Connecticut, and New Hampshire supported Congregationalist ministers with tax payer dollars for decades. After the Civil War, civil liberties expanded, because three new amendments were added: the Thirteenth, abolishing slavery, the Fourteenth, which redefined civil liberties and rights, and the Fifteenth, which allowed adult, male citizens to vote. The due process clause (contained in the Fourteenth Amendment) became one of the most important civil liberties, because it applied the language of the Fifth Amendment to state governments, proclaiming that they could not “deprive any person of life, liberty, or property, without due process of law....
Civil liberties are guaranteed rights by the government to the people. Freedom of religion is a great example of civil liberties. The people are free to practice their own religion how they please. Civil liberties also give a person a right to jury trial. This also gives the right for people to have a lawyer present in the court of law. In the end, civil liberties are given to people and civil rights keeps these liberties from being discriminated with. The 13th-15th amendments
One of the unique challenges to regulating or settling on the appropriate way to regulate is that there is no concrete definition of pornography. While law enforcement bodies such as the police, prosecutors and judges, are accustomed to dealing with issues that are exclusive to the United States, the Internet is a worldwide community with servers and members coming from hundreds of countries. Defining "pornographic content" on a global level has not been easy because of different moral and legal variations. In the United States one type of act may be defined as being "hard-core porn", however, another country could see this act as much less offensive. So while the United States may try to regulate one level of pornography, a person could go find it on a website launched from another country. This is one the problems that is being acknowledged when trying to find a way of dealing with the pornography on the Internet.