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Pornography and the Law
Section: MODERN THOUGHT / PORNOGRAPHY: AGAINST LOVE AND DECENCY
Author: H. Robert Showers
Publication: The world & I online
Issue Date: 12/1/1992
Size: 7,219 Words, 45,639 Characters

Contrary to popular belief, obscenity--commonly called hard-core pornography--and child pornography have never been considered protected speech under either English common law or the U.S. Constitution. In fact, the criminality of obscenity and the public policy behind this criminal ban dares back to Henry VIII's Star Chamber court.

Based on early common law, sexually explicit material and public obscenities were prosecuted in the king's court when they related to "political sedition" and in the ecclesiastical courts when they related to issues of "religious heresy." The advent of democratic ideas, the decreasing influence of the king and church, and the increasing power of the English Parliament in the eighteenth and nineteenth centuries gradually changed the basis of prosecution of...


. . .


...onstitutional.

Conclusion

While predictions are always uncertain, one thing is for sure: Indecision is a decision, and inaction is an action, where the lives of children and women are at risk, as has been proven to be the case with regard to obscene material. In the end, public opinion, not the legislatures or courts, will decide the degree to which pornography will be regulated.



(806 of 45,639 characters)

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Publication Details (The World & I Online)
The World & I Online is a comprehensive academic resource that encompasses a broad range of articles by scholars and experts in the areas of Global Studies, Liberal Arts, Fine & Applied Arts, General Science, and Spanish. Originally published monthly in print as The World & I, our site includes the complete contents since 1986 and continues to publish a new issue online each month.
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