Thursday, March 12, 2020

3rd fact sheet Essays - Human Sexuality, Pornography Law

3rd fact sheet Essays - Human Sexuality, Pornography Law 3rd Fact Sheet By Dany SADER An obscenity is any utterance or act that strongly offends the prevalent HYPERLINK morality of the time. In the HYPERLINK United States of America , issues of obscenity raise issues of limitations on the HYPERLINK freedom of speech and of HYPERLINK the press , which are otherwise protected by the HYPERLINK First Amendment to the HYPERLINK Constitution of the United States . Child pornography Child pornography refers to images or films ; as such, visual child pornography is a record of HYPERLINK https://en.wikipedi child sexual abuse . In HYPERLINK New York v. Ferber , HYPERLINK,_volume_458 458 HYPERLINK U.S. HYPERLINK 747 (1982), the U.S. Supreme Court ruled that child pornography need not be legally obscene in order to be outlawed. The Court ruled that in contrast to the types of images considered in Miller , images that depicted underlying harm to children need not appeal to the prurient interest of the average person, portray sexual conduct in a patently offensive manner, nor be considered holistically, in order to be proscribed. Another difference between U.S. constitutional law concerning obscenity and that governing child pornography is that the Supreme Court ruled in HYPERLINK Stanley v. Georgia , HYPERLINK,_volume_394 394 HYPERLINK U.S. HYPERLINK 557 (1969), that possession of obscene material could not be criminalized, while in HYPERLINK Osborne v. Ohio , HYPERLINK,_volume_495 495 HYPERLINK U.S. HYPERLINK 103 (1990), the high court ruled that possession of child pornography could be criminalized. The reason was that the motive for criminalizing child pornography possession was to destroy a m arket for the exploitative use of children rather than to prevent the material from poisoning the minds of its viewers. The three dissenting justices in that case argued, While the sexual exploitation of children is undoubtedly a serious problem, Ohio may employ other weapons to combat it. Censorship in film This is most notably shown with the X rating under which some films are categorized. The most notable films given an X rating were HYPERLINK Deep Throat (1972) and HYPERLINK The Devil in Miss Jones (1973). These films show explicit, non-simulated, penetrative sex that was presented as part of a reasonable plot with respectable production values. Some state authorities issued injunctions against such films to protect local community standards; in New York, the print of Deep Throat was seized mid-run, and the film's exhibitors we re found guilty of promoting obscenity. According to the documentary HYPERLINK This Film Is Not Yet Rated , films that include gay sex (even if implied) or female pleasure have been more harshly censored than their heterosexual, male counterparts. The HYPERLINK Motion Picture Association of America (MPAA) issues HYPERLINK ratings for motion pictures exhibited and distributed commercially to the public in the United States; the ratings are issued through the Classification and Rating Administration (CARA). The intent of the rating system is to provide information about the content of motion pictures so parents can determine whether an individual motion picture is suitable for viewing by their children. Canada Section 163 of the Canadian Criminal Code provides the country's legal definition of obscenity. Officially termed as Offen s es Tending to Corrupt Morals,the Canadian prohibited class of articles that are to be legally included as obscene things is very broad, including text-only written material, pictures, models (including statues), records or any other obscene thing that according to Section 163(8) has a dominant characteristic of the publication is the undue exploitation of sex, or the combination of sex and at least one of crime, horror, cruelty or violence is deemed to be obscene under the current law. The current law states 163. (1) Every person commits an offen s e who makes, prints, publishes, distributes, circulates or has in their possession for the purpose of publication, distribution or circulation any obscene written matter, picture, model, phonograph record or any other obscene thing. The HYPERLINK a_Border_Services_Agency Canada Border Services Agency seizes items it labels obscene. In 1993, Canadian police arrested the 19-year-old writer of a fictional sex story The Forestwood Kids,however, the case was dismissed in 1995. In February 2009,