Hate Speech, Sex Speech, Free Speech

By Nicholas Wolfson | Go to book overview

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 breaks down.


NOTES
1.
Michel Foucault, 1 The Histoty of Sexuality: An Introduction 35 ( Robert Hurley, trans., 1990).
2.
Id. at 78.
3.
"Despite U.S. Campaign, a Boom in Pornography", N.Y. Times, July 4, 1993, at A20.
4.
Id.
5.
See James Lindgren, Defining Pornography, 141 U. Pa. L. Rev. 1153, 1156 ( 1993).
6.
Lynn Hunt, Introduction, in The Invention of Pornography 13 ( Lynn Hunt, ed., 1993).
7.
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).
8.
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 ( 1987).
9.
Miller v. California, 413 U.S. 15, 24 ( 1973).
10.
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.
11.
The word is derived from the Greek "pornographos," literally, "writing about prostitutes." The word first surfaced in the

-132-

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Hate Speech, Sex Speech, Free Speech
Table of contents

Table of contents

  • Title Page *
  • Contents *
  • Chapter 1 - Introduction 1
  • Notes 7
  • Chapter 2 - Pragmatism and Words That Hurt 11
  • Notes 40
  • Chapter 3 - Hate Speech 47
  • Notes 76
  • Chapter 4 - Inequality 83
  • Notes 101
  • Chapter 5 - Eroticism, Obscenity, Pornography, and Free Speech 103
  • Notes 132
  • Chapter 6 - Conclusion 143
  • Notes 149
  • Bibliography 151
  • Index 161
  • About the Author *
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