Two Films, One Law: An Analysis of Social Deviance in Gender, Family, or the Home (Etudes 7)
Cusack, C.M. (2012). Two Films, One Law. New York Bar Association, Entertainment and Sports Law Journal; or Carmen M. Cusack, Two Films, One Law, 23 EASL J. __ (2012)
32 Pages Posted: 20 May 2013
Date Written: September 1, 2011
Section I of this paper analyzes the Court’s obscenity test, and also considers how the expansion of privacy rights since 1973, when the Court developed the current obscenity test, has reframed questions regarding internet-based pornography. Section II addresses the role of shock art in society and questions whether sexual shock art should be protected speech under the Court’s obscenity analysis. Section III develops a new test for obscenity incorporating the harm principle; it would not ask whether the viewer suffered harm, but rather whether the person depicted in the pornography was the victim of a crime during production or suffered severe duress that amounts to sex trafficking.
Keywords: shock art, feces, Miller Test, harm principle, obscenity, pornography
Suggested Citation: Suggested Citation