with conduct.184 Governments regulate conduct when they
determine it is harmful; when we do the same with speech,
we confuse it with action. Pervasive censorship then becomes
inevitable.185 The uniquely American system of free speech
Michel Foucault, 1 The Histoty of Sexuality: An Introduction 35 (
Robert Hurley, trans., 1990).
"Despite U.S. Campaign, a Boom in Pornography", N.Y.
Times, July 4, 1993, at A20.
See James Lindgren, Defining Pornography, 141 U. Pa. L.
Rev. 1153, 1156 ( 1993).
Lynn Hunt, Introduction, in The Invention of Pornography 13 (
Lynn Hunt, ed., 1993).
In an early obscenity decision, the Supreme Court asserted
that sex is a "great and mysterious motive force in human life." Roth v. United States, 354 U.S. 476, 487 ( 1977).
See Steven G. Gey, The Apologetics of Suppression: The Regulation of Pornography as Act and Idea, 86 Mich. L. Rev. 1564, 1580-1 ( 1988); see also Robin West, The Feminist-Conservative
Anti-Pornography Alliance and the 1986 Attorney General's Commission on Pornography Report, 1987 Am. B. Found. Res. J. 681
Miller v. California, 413 U.S. 15, 24 ( 1973).
See Gey, supra note 8, at 1570-77. Justice Brennan, in the Roth obscenity case, made the morality principle clear when he
pointed out (in justification for holding obscenity to be not protected) that as of 1792 all states had made blasphemy or profanity
statutory crimes. Roth, 354 U.S. at 482-3.
The word is derived from the Greek "pornographos," literally, "writing about prostitutes." The word first surfaced in the
Questia, a part of Gale, Cengage Learning. www.questia.com
Book title: Hate Speech, Sex Speech, Free Speech.
Contributors: Nicholas Wolfson - Author.
Place of publication: Westport, CT.
Publication year: 1997.
Page number: 132.
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