Explicating the Historical, Philosophical, and Theoretical
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Why Miller V. California╎s Local Community
Liberty University Law Review Volume 6 Issue 2 Article 7 December 2012 The “Virtual” Network: Why Miller v. California’s Local Community Standard Should Remain Unchanged in the Wake of the Ninth Circuit’s Kilbride Decision Tim K. Boone Follow this and additional works at: https://digitalcommons.liberty.edu/lu_law_review Recommended Citation Boone, Tim K. (2012) "The “Virtual” Network: Why Miller v. California’s Local Community Standard Should Remain Unchanged in the Wake of the Ninth Circuit’s Kilbride Decision," Liberty University Law Review: Vol. 6 : Iss. 2 , Article 7. Available at: https://digitalcommons.liberty.edu/lu_law_review/vol6/iss2/7 This Article is brought to you for free and open access by the Liberty University School of Law at Scholars Crossing. It has been accepted for inclusion in Liberty University Law Review by an authorized editor of Scholars Crossing. For more information, please contact [email protected]. COMMENT THE "VIRTUAL" NETWORK: WHY MILLER V. CALIFORNIA'S LOCAL COMMUNITY STANDARD SHOULD REMAIN UNCHANGED IN THE WAKE OF THE NINTH CIRCUIT'S KILBRIDE DECISION Tim K. Boonet I. INTRODUCTION "I know it when I see it."' The famous words of Justice Potter Stewart continue to carry significant meaning in the context of obscenity law. His position on obscenity aptly described many Supreme Court Justices' views on the topic in the 1960s and sums up the problems that obscenity law still encounters today. The Court developed a somewhat vague, but workable, standard in the landmark 1973 case of Miller v. California.' In Miller, the Court developed a three-pronged test to determine whether material was obscene and thus unprotected by the First Amendment.' An important aspect of this test called for juries to determine whether material was obscene using a local community standard-that is, juries considered whether their local community would find particular material obscene. -
Aristotle on Love and Friendship
ARISTOTLE ON LOVE AND FRIENDSHIP DAVID KONSTAN Philia is exceptional among ancient Greek value terms for the number of still unre- solved, or at least intensely debated, questions that go to the heart of its very nature.1 Does it mean “friendship”, as it is most commonly rendered in discussions of Aris- totle, or rather “love”, as seems more appropriate in some contexts? Whether it is love, friendship, or something else, is it an emotion, a virtue, or a disposition? The same penumbra of ambiguity surrounds the related term philos, often rendered as “friend” but held by some to include kin and other relations, and even to refer chiefly to them. Thus, Elizabeth Belfiore affirms that “the noun philos surely has the same range as philia, and both refer primarily, if not exclusively, to relationships among close blood kin” (2000: 20). In respect to the affective character of philia, Michael Peachin (2001: 135 n. 2) describes “the standard modern view of Roman friendship” as one “that tends to reduce significantly the emotional aspect of the relationship among the Ro- mans, and to make of it a rather pragmatic business”, and he holds the same to be true of Greek friendship or philia. Scholars at the other extreme maintain that ancient friendship was based essentially on affection. As Peachin remarks (ibid., p. 7), “D. Konstan [1997] has recently argued against the majority opinion and has tried to inject more (modern-style?) emotion into ancient amicitia”. Some critics, in turn, have sought a compromise between the two positions, according to which ancient friend- ship involved both an affective component and the expectation of practical services. -
Teacher's Edition
TEACHER’SClassical SubjectsEDITION Creatively Taught™ Rhetoric BOOK 1: PRINCIPLESAlive!Alive! OF PERSUASION PERSUASIVE SPEECH AND WRITING IN THE TRADITION OF ARISTOTLE Alyssan Barnes, PhD Dedication: To Annie, June, and Zoe Rhetoric RhetoricAlive! Book Alive! 1: PrinciplesBook 1: Principles of Persuasion of Persuasion Teacher’s Edition © Classical Academic Press, 2016 Version 1.0 ISBN: 978-1-60051-300-8978-1-60051-301-5 All rights reserved. This publication may not be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, without the prior written permission of Classical Academic Press. Classical Academic Press 2151 Market Street Camp Hill, PA 17011 www.ClassicalAcademicPress.com Content editors: Christopher Perrin, PhD; Joelle Hodge; and Stephen Barnes Editor: Sharon Berger Illustrator: David Gustafson Book designer: Robert Baddorf PGP.07.16 Table of Contents List of Figures, Tables, and Chart .................................................................................................................. vii Foreword ........................................................................................................................................................ix Acknowledgments ...........................................................................................................................................xi Note to Student ............................................................................................................................................ xii OverviewNote to Teacher -
Aristotle's Legacy
SAGE Flex for Public Speaking Aristotle's Legacy Brief: To be effective, today’s public speakers should follow the guidance of the Ancient Greek philosopher Aristotle, who taught us that “ethos,” a public speaker’s overall character and history, is essential in establishing credibility with their audience. Learning Objective: Understand the importance of ethos in the context of its historical roots. Key Terms: • Aristotle: An influential ancient Greek philosopher, logician, and scientist. • Ethos: The character or fundamental values of a person, people, culture, or movement. • Rhetoric: The art of using language, especially public speaking, as a means to persuade. Also, the title of Aristotle’s writings on persuasive speaking. • Applied Ethics: A discipline of philosophy that applies ethical theory to real-life situations. Ancient Greece: The Foundation of Western Culture Ancient Greece, the period from 1100–146 BCE, is considered by most historians to be the foundational culture of Western civilization. Greek culture exerted a powerful influence on the Ancient Roman Empire, which then carried a version of it to many parts of Europe. More than 2000 years later, the influence of Ancient Greece on language, politics, educational systems, philosophy, art and architecture is still readily seen. Aristotle: The Father of Western Philosophy Most historians consider Aristotle, an ancient Greek philosopher and scientist born in 384 BCE, to be Ancient Greece’s most influential figure. Known as the "Father of Western Philosophy," Aristotle devoted his life to making the various existing philosophies of Greek culture, including those of his famous predecessors Plato and Socrates, easier to understand and therefore more accessible. -
Generating Goodwill and Friendliness in Attic Forensic Oratory*
Generating Goodwill and Friendliness in Attic Forensic Oratory* Ed Sanders Abstract The pseudo-Aristotelian Rhetoric to Alexander accords arousal of jurors’ goodwill a significant role in forensic argumentation. Aristotle, whose Rhetoric discusses friendship, seems to agree. While Aristotle sees conceptual differences between eunoia and philia , these are not reflected in the Attic corpus. There differences are semantic: the two words are used in some similar, but also some different, contexts. Orators sometimes explicitly request goodwill, normally in their prologues, and there appear to be patterns in which types of speech (public/private, prosecution/defense) or legal case see these requests. Orators also regularly protest their eunoia or philia for the city, in an attempt to prompt reciprocal good feeling. More wide-ranging are covert attempts to arouse goodwill/ friendliness through claims of a variety of good character traits, or through a description of the speaker’s past actions and way of life. Rhetoricians on goodwill It is well known that emotional arguments are commonplace in oratory. As early as 422 BCE, contemporary with the earliest surviving Attic speeches, 1 appeals to emotion were common enough to be satirized in Aristophanes’ Wasps : Kleon enjoins jurors to turn up with three days’ worth of grievous anger, in order to punish offenders (243-4: ἥκειν ἔχοντας ἡμερῶν ὀργὴν τριῶν πονηρὰν ἐπ’ αὐτόν, ὡς κολωμένους ὧν ἠδίκησεν); Philokleon describes how defendants ask for pity (556: οἴκτιρόν μ’), then use a variety of pity-arousing tricks to get off a charge (562-74); many of these are subsequently deployed in the mock trial of the dog Labes (975-8). -
Enacting Ethos Online: Using Classical Rhetoric to Analyze Visual Web Design Breanna Lee Byers Iowa State University
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Digital Repository @ Iowa State University Iowa State University Capstones, Theses and Graduate Theses and Dissertations Dissertations 2009 Enacting ethos online: Using classical rhetoric to analyze visual Web design Breanna Lee Byers Iowa State University Follow this and additional works at: https://lib.dr.iastate.edu/etd Part of the English Language and Literature Commons, and the Rhetoric and Composition Commons Recommended Citation Byers, Breanna Lee, "Enacting ethos online: Using classical rhetoric to analyze visual Web design" (2009). Graduate Theses and Dissertations. 10839. https://lib.dr.iastate.edu/etd/10839 This Thesis is brought to you for free and open access by the Iowa State University Capstones, Theses and Dissertations at Iowa State University Digital Repository. It has been accepted for inclusion in Graduate Theses and Dissertations by an authorized administrator of Iowa State University Digital Repository. For more information, please contact [email protected]. Enacting ethos online: Using classical rhetoric to analyze visual Web design by Breanna Lee Byers A thesis submitted to the graduate faculty in partial fulfillment of the requirements for the degree of MASTER OF ARTS Major: Rhetoric, Composition, and Professional Communication Program of Study Committee: Barbara Blakely, Major Professor Charles Kostelnick Linda Shenk Iowa State University Ames, Iowa 2009 Copyright © Breanna Lee Byers, 2009. All rights reserved. ii Table -
The Idea of the Obscene
THE IDEA OF THE OBSCENE by JOEL FEINBERG The Lindley Lecture The University of Kansas 1979 THE IDEA OF THE OBSCENE by JOEL FEINBERG Professor of Philosophy University of Arizona The Lindley Lecture, University of Kansas, Apri I 5, 1979 .... : @) Copyright 1980 by the Deparurient of Philosophy. · University of Kansas The Idea of the Obscene Joel Feinberg This essay is an attempt to clarify the everyday concept of obscenity as it is employed unselfconsciously by ordinary people in ordinary situations (outside of law courts). I shall try to explain the various things ordinary persons are likely to mean when they judge things to be obscene, how they are likely to defend those judgments with reasons, what the objects of those judgments are likely to be (in our culture) and why those objects are selected, and how judgments of obscenity resemble and differ from judgments of other kinds, including moral judgments. I undertake this task in the conviction that more abstract discussions of obscenity, in legal as well as philosophical works, all too frequently suffer from the defect that the author no longer remembers exactly what it is that he is talking about, and that a few gentle reminders can be salutary. Furthermore, the forgotten ordinary concept, as we shall see, is surprisingly complicated. I. Two apparently conflicting rationales for the prohibition of obscenity. To paraphrase a learned judge,t it is much easier to recognize obscenity than to say what it is. For a century and a half American appellate courts had little occasion to do either, since the constitutionality of statutes making obscenity a crime was rarely challenged. -
Supreme Court Justice Potter Stewart
Essays On "I Know It When I See It" Paul Gewirtzt My subject is one of the most famous phrases in the entire history of Supreme Court opinions: "I know it when I see it." The phrase appears in Justice Potter Stewart's concurring opinion in Jacobellis v. Ohio,' a pornography case decided by the Court in 1964. Although many people have appropriated the phrase-some approvingly, some not-no one has ever examined it in any way commensurate with its fame. But the phrase repays reflection. Aside from its provocative place in the history of pornography regulation, "I know it when I see it" invites us to reappraise the role of nonrational elements in judicial decisionmaking, which I think deserve both more attention and more acceptance than they typically enjoy. Such a reappraisal is my underlying purpose here. Jacobellis v. Ohio involved a theater owner who had been convicted for showing The Lovers, an early film directed by the marvelous French filmmaker Louis Malle. The story in The Lovers concerns a woman in an unhappy marriage-the woman was played by the actress Jeanne Moreau-and the t Potter Stewart Professor of Constitutional Law, Yale Law School. This Essay is dedicated to the memory of my brother Dr. George Gewirtz, whose mind and spirit inspired much of it and who meant so much else to my life. It is based on the Inaugural Lecture I gave at Yale Law School on April 4, 1995, upon being appointed the first Potter Stewart Professor of Constitutional Law. The personal character of this event, which was attended by Justice Stewart's family and friends as well as my own, cannot be captured here, although connections between the personal and the intellectual were an important subtext of both the lecture and related events that day. -
Harrison 1 Luke Harrison Oberlin College English Department 18
Harrison 1 Luke Harrison Oberlin College English Department 18 April 2014 On the Genealogy of Obscenity: Naked Lunch and The Death of Obscene Literature The Court: Mr. Ginsberg, do you consider that this book is obscene? Allen Ginsberg: Not really, no, sir. The Court: Well, would you be surprised if the author himself admitted it was obscene and must be necessarily obscene in order to convey his thoughts and impressions? Well, it’s on page xii of the Introduction: “Since Naked Lunch treats this health problem [addiction], it is necessarily brutal, obscene and disgusting. Sickness is often repulsive details not for weak stomachs.” Allen Ginsberg: Yes, he has said that. I don’t think he intends that to be obscene in any legal sense or even obscene as seen through his own eyes or through the eyes of a sympathetic reader. He is dealing with matters very basic and very frightening. (‘Naked Lunch’ on Trial xxi). First made available in the United States in 1962, William S. Burroughs’ Naked Lunch and those who ventured to sell the illicit book were brought before obscenity courts on three separate occasions within the book’s first four years in print. Despite breaking a different law on each separate occasion, Naked Lunch was judged to be equally obscene in all three cases. However, as Allen Ginsberg’s testimony during the 1966 Massachusetts State Supreme Court trial that eventually exonerated Naked Lunch from its prior obscenity convictions demonstrates, there exist multiple interpretations and functions of the term “obscene”. The discrepancy of usage between Burroughs, Ginsberg and the Court demonstrates a fundamental characteristic of obscenity, its ambiguity. -
Strategies of Remembering In
GREECE UNDER ROME (100 BC - 100 AD) GREECE UNDER IN REMEMBERING OF STRATEGIES STRATEGIES OF REMEMBERING IN GREECE UNDER ROME (100 BC - 100 AD) At the beginning of the first century BC Athens was an independent city bound to Rome through a friendship alliance. By the end of the first century AD the city had been incorporated into the Roman province of Achaea. Along with Athenian independence perished the notion of Greek self-rule. The rest of Achaea was ruled by the governor of Macedonia already since 146 BC, but the numerous defections of Greek cities during the first century BC show that Roman rule was not yet viewed as inevitable. In spite of the definitive loss of self-rule this was not a period of decline. Attica and the Peloponnese were special regions because of their legacy as cultural and religious centres of the Mediterranean. Supported by this legacy communities and individuals engaged actively with the increasing presence of Roman rule and its representatives. The archaeological and epigraphic records attest to the continued economic vitality of the region: buildings, statues, and lavish tombs were still being constructed. There is hence need to counterbalance the traditional discourses of weakness on Roman Greece, and to highlight how acts of remembering were employed as resources in this complex political situation. The legacy of Greece defined Greek and Roman responses to the changing relationship. Both parties looked to the past in shaping their interactions, but how this was done varied widely. Sulla fashioned himself after the tyrant-slayers Harmodius and Aristogeiton, while Athenian ephebes evoked the sea-battles of the Persian Wars to fashion their valour. -
The 1973 Obscenity-Pornography Decisions: Analysis, Impact, and Legislative Alternatives
The 1973 Obscenity-Pornography Decisions: Analysis, Impact, and Legislative Alternatives DAVID M. HUNSAKER* On June 21, 1973, the United States Supreme Court announced a series of decisions which inevitably will have far reaching con- sequences.' The purpose of this article is to examine critically the rationale of those decisions and to assess their actual and potential impact. An exhaustive review of the history of obscenity in the courts is not contemplated nor necessary. Abler attempts at com- prehensive treatment have, on occasion, been performed by mem- bers of the Court, as well as by scholars in the field.2 Constitu- * B.A., University of California, Santa Barbara; M.A., Bradley Univer- sity; J.D., Columbia University. Mr. Hunsaker is Adjunct Professor of Law, University of San Diego School of Law, and will be joining the fac- ulty of the University of Virginia in the Fall of 1974 as Associate Professor of Speech Communication. This article was written in collaboration with Mr. Michael Hooton, Staff Writer, San Diego Law Review, who assisted in the research and data collection. The author deeply appreciates Mr. Hooton's assistance. 1. Miller v. California, 413 U.S. 15 (1973); Paris Adult Theatre I v. Slaton, 413 U.S. 49 (1973); Kaplan v. California, 413 U.S. 115 (1973); United States v. 12 200-Ft. Reels of Film, 413 U.S. 123 (1973); United States v. Orito, 413 U.S. 139 (1973). 2. See for example, the dissenting opinions of Brennan and Douglas, JJ, in Paris Adult Theatre I v. Slaton, 413 U.S. 49, 70 (1973), and the July 1974 Vol. -
The Problem of Greenwash: Rhetorical Elements in Communicating Envi- Ronmental CSR Practices
This may be the author’s version of a work that was submitted/accepted for publication in the following source: Devin, Bree& Bartlett, Jennifer L. (2011) The problem of greenwash: Rhetorical elements in communicating envi- ronmental CSR practices. In International Communication Association Conference, 2011-01-01 - 2011- 01-01. (Unpublished) This file was downloaded from: https://eprints.qut.edu.au/64861/ c The authors This work is covered by copyright. Unless the document is being made available under a Creative Commons Licence, you must assume that re-use is limited to personal use and that permission from the copyright owner must be obtained for all other uses. If the docu- ment is available under a Creative Commons License (or other specified license) then refer to the Licence for details of permitted re-use. It is a condition of access that users recog- nise and abide by the legal requirements associated with these rights. If you believe that this work infringes copyright please provide details by email to [email protected] Notice: Please note that this document may not be the Version of Record (i.e. published version) of the work. Author manuscript versions (as Sub- mitted for peer review or as Accepted for publication after peer review) can be identified by an absence of publisher branding and/or typeset appear- ance. If there is any doubt, please refer to the published source. GREENWASH: COMMUNICATING CSR 1 The problem of greenwash: Rhetorical elements in communicating environmental CSR practices Paper submitted for the International Communication Association Conference Boston, USA, May 2011 GREENWASH: COMMUNICATING CSR 2 Abstract The field of rhetoric can be highly useful for researchers to focus on and understand the specific textual strategies used by organizations when communicating about CSR practices.