This research examines the prosecutions of four noted libertarians: free love advocate Ezra Heywood; Dr. Edward Bond Foote, a well-known New York physician and medical publisher; two prominent free thought publishers, DeRobigne M. Bennett and Moses Harman; and the subsequent libertarian campaign for broad First Amendment protection for all citizens which ensued from their arrests and prosecutions. That individuals were putting forth a libertarian philosophy of free expression in the 1870s (albeit largely under the auspices of individual rights rather than the later interpretation of social benefits), demonstrates the formative period of modern First Amendment development occurred decades earlier than is often acknowledged. The research argues that these liberal thinkers, all too cogniza...
In the late nineteenth and early twentieth centuries, literature that reflected changing attitudes toward sexuality, religion, marriage, and government fell victim to the Comstock Act and related state laws on obscenity. Among the earliest individuals convicted was Dr. Edward Bliss Foote for a brochure that promoted birth control, and, he and his son, Dr. Edward Bond Foote, challenged obscenity legislation in Congress, state legislatures, and courts and also offered personal assistance to defendants in free speech cases. From 1872 to 1915, they waged a campaign against obscenity prosecutions that they considered unfair and advocated the right to freely discuss reform issues of the day, many of them sex-related. This study documents the Footes' free speech work, which brought them into c...
Since the Supreme Court began narrowing the scope of obscenity in 1957 and suggested that some portrayals of sex or nudity may be constitutionally protected notwithstanding their negative effects on some members of society, it has struggled to identify the line between protected and non-protected pornography. This article describes the background of the community standards/Internet problem, including recent cases that have confronted the problem. It addresses whether obscenity law remains viable in the age of the World Wide Web. It discusses the development of the community standards part of the obscenity test, and explains why Supreme Court precedent is consistent with leaving the phrase "contemporary community standards" undefined in Internet obscenity cases. The article explores whet...
Citizens Urged to Contact Candidates WASHINGTON, Sept. 28, 2011 /PRNewswire-USNewswire/ -- The Coalition for the War on Illegal Pornography, directed by Morality in Media, launched a new campaign today at http:// www.waronillegalpornography.com/candidates/ asking 2012 presidential candidates to state their position on enforcement of federal laws prohibiting the distribution of illegal, hard-core, obscene pornography.
[...] in view of the Court's decision in Lawrence v. Texas,2 the obscenity doctrine violates the Equal Protection Clause by causing such private discrimination and also violates the First Amendment because such discrimination is directed against the viewpoint that gay sex is equally as acceptable as heterosexual sex. [...] with respect to Glazer's alleged discrimination, the question would be whether juries or judges purportedly finding gay sex portrayals to be unduly lascivious or offensive because of their gay nature, were doing so because they were hostile to the basic notion of homosexual sex or because they were hostile to a perceived viewpoint reflected in such content that gay pornography was just as acceptable as heterosexual pornography.
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