Pornography and Censorship

By David Copp; Susan Wendell | Go to book overview

presumably clear that I lean strongly in the direction of opposing any but minimal regulation. However, my objective in this introduction has been to navigate through the multitude of philosophical, empirical, and legal questions raised by the pornography issue. I hope that this introduction helps the reader to see how these questions are interrelated. 66


NOTES
1.
The Shorter Oxford English Dictionary, 1973.
2.
I am indebted to D. D. Todd for this example.
3.
Report of the Committee on Obscenity and Pornography, Bernard Williams, Chairman ( London: Her Majesty's Stationery Office, 1979), paragraphs 8.2-8.7. Hereafter cited as the Williams Report. Chapters seven and eight are reprinted in this volume.
4.
E. J. Mishan, "Making the World Safe for Pornography" in Making the World Sqfe for Pornography and Other Intellectual Fashions ( London: Alcove Press, 1973), pp. 107-150, esp. pp. 117-125.
5.
D. H. Lawrence, "Pornography and Obscenity" in his Phoenix ( New York: Viking, 1972), pp. 174-5. I owe this reference to Dennis Bevington.
6.
Susan Brownmiller, Against Our Will. Men, Women and Rope ( New York: Simon and Schuster, 1975), p. 394. See Lorenne Clark, "Liberalism and Pornography", in this volume, and see the discussion in Ann Garry, "Pornography and Respect for Women", also in this volume. I would suppose that child pornography and homosexual pornography would somehow be factored into Brownmiller's view.
7.
Compare the criteria used in the various articles in Part Two of this volume. Diana Russell's study concerns what her subjects take to be pornographic.
8.
By some speakers at the 1979 Simon Fraser University conference on pornography.
9.
Events of this kind will be familiar to many readers. See William French, "The Good Book versus good books", The Globe and Mail ( Toronto, Canada), June 14, 1979. French describes a town meeting in Clinton, Ontario, at which was debated a proposal to remove three novels from the high school curriculum: Margaret Laurence The Diviners, J. D. Salinger Catcher in the Rye, and John Steinbeck Of Mice and Men. I owe the reference to the Book and Periodical Development Council pamphlet, Censorship: Stopping the Book Banners.
10.
See Williams Report, in Part One, paragraphs 7.4-7.7. Cicero introduces a notion of propriety or decorum in connection with the line between public and private. See Cicero, De Officiis, translated by Walter Miller ( Cambridge, Mass.: Harvard University Press, 1913), Book 1, sections xxviii and xxxv, pp. 101-3, 129-31. I owe this reference to Moira Gutteridge.
11.
( 1868) L. R. 3 Q.B. 360.
12.
The present English law is explained in the Williams Report, chapter two and Appendix 1.
13.
Williams Report, Appendix 4.
14.
R. G. Fox, "Obscenity", Alberta Law Review, volume 12, 1974, pp. 172-235.
15.
354 U.S. 476 ( 1957). See Joel Feinberg discussion in "Pornography and the Criminal Law", in Part One, and Judge Frank discussion in United States v. Roth 237 F. 2d 796 (2d cir., 1956), in Part Three.
16.
R.S.C. 1970, Chap. C-34. See generally sections 159, 160, 161, 163, 164, 165.
17.
See Fox, "Obscenity"; R. v. Prairie Schooner News Ltd., and Powers ( 1970). 1 C.C.C. (2d) 251, 75 W.W.R. 585 (Man. C.A.); and R. v. The MacMillan Co. of Canada Ltd. ( 1976), 31 C.C.C. (2d) 286, 72 D.L.R. (3d) 33 (Ont. Co. Ct.). See also Martin's Annual Criminal Code ( Agincourt, Ont.: Canada Law Book).

-39-

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