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The Dialectic of Obscenity
University of Kentucky UKnowledge Law Faculty Scholarly Articles Law Faculty Publications Winter 2012 The Dialectic of Obscenity Brian L. Frye University of Kentucky College of Law, [email protected] Follow this and additional works at: https://uknowledge.uky.edu/law_facpub Part of the Constitutional Law Commons, Entertainment, Arts, and Sports Law Commons, and the Legal History Commons Right click to open a feedback form in a new tab to let us know how this document benefits ou.y Recommended Citation Brian L. Frye, The Dialectic of Obscenity, 35 Hamline L. Rev. 229 (2012). This Article is brought to you for free and open access by the Law Faculty Publications at UKnowledge. It has been accepted for inclusion in Law Faculty Scholarly Articles by an authorized administrator of UKnowledge. For more information, please contact [email protected]. The Dialectic of Obscenity Notes/Citation Information Hamline Law Review, Vol. 35, No. 1 (Winter 2012), pp. 229-278 This article is available at UKnowledge: https://uknowledge.uky.edu/law_facpub/264 229 THE DIALECTIC OF OBSCENITY Brian L. Frye* I. INTRODUCTION 230 II. A BRIEF HISTORY OF OBSCENITY 231 A. WHAT IS OBSCENITY? 231 B. THE RISE & FALL OF THE PANDERING TEST 232 C. THE MILLER TEST 234 D. THE AFTERMATH OF MILLER 235 III. FLAMING CREATURES 236 A. THE MAKING OF FLAMING CREATURES 237 B. THE INTRODUCTION OF FLAMING CREATURES 238 C. THE PERSECUTION OF FLAMING CREATURES 242 IV. JACOBS V. NEW YORK 245 A. FLAMING CREATURES IN NEW YORK STATE COURT 245 B. FLAMING CREATURES IN THE SUPREME COURT 250 C. -
Ron Rice, 1960, 70 Min
::::::::::::::::::::::::::::::::1a PART::::::::::::::::::::::::::::::::::::: La enfermera seguía gritando y tirando de la cámara Dijous 10 de febrer, 20:30 h y pidiendo ayuda. Unos guardianes llegaron corriendo. The Flower Thief, Ron Rice, 1960, 70 min. 16mm. Muy bien, dije yo, caminaré con ustedes hasta la B/N. Sonora. Actor: Taylor Mead. salida. Pero en el corredor, mientras íbamos caminando, al final del corredor, había tres mujeres :::::::::::::::::::::::::::::::2a PART:::::::::::::::::::::::::::::::::::::: sentadas, con aspecto triste y las cabezas inclinadas, Xcèntric tan bellas y tristes que tuve que sacarles una Senseless, Ron Rice, 1962, 28 min. 16 mm. B/N. fotografía, y apreté el disparador. <<¡Deténgalo! CINEMA INVISIBLE Sonora. Música: Bartok, música mexicana i india. ¡Deténgalo! ¡Está fotografiando!>>, gritó el doctor. Muntatge: Howard Everngam. <<¡No puede hacer eso, no puede hacer eso!>>. RON RICE Guanyadora del Charles Theater Film-Makers Entonces trataron de quitarme la cámara. Yo me Festival, juliol 1962. aferré y dije: <<No, no pueden hacer eso. Esto es de mi propiedad>>. Cuando vi que otros dos Chumlum, Ron Rice, 1964, 26 min. 16 mm. Color. guardianes se unían contra mí, puse la cámara sobre Sonora. Música: Angus McLise. Tècnic de so: Tony la mesa y dije: <<Muy bien, aquí está>>. Saqué el Conrad. Ajudant especial: Stanley Alboum. Actors: film de la cámara, lo envolví y lo sellé dentro de su Jack Smith, Beverly Grant, Mario Montez, Joel lata, y le dije al guardian: <<El que lleve este film al Markman, Frances Francine, Guy Henson, Barry <<Village Voice>> tendrá cien dólares de Titus, Zelda Nelson, Gerard Malanga. recompensa>>. Entonces, antes de que tuviera tiempo de darme cuenta, veo que el médico empieza a llenar tarjetas, y en un santiamén me encontré 30 de enero 1964 dentro, junto con las demás bellas y tristes criaturas, en este lugar terrible. -
The Making and Unmaking of Jack Smith's Flaming Creatures A
FILM AT REDCAT PRESENTS Mon Nov 9 | 8:30 pm Jack H. Skirball Series $9 [students $7, CalArts $5] The Making and Unmaking of Jack Smith’s Flaming Creatures A Screening and Talk with J. Hoberman Los Angeles revival 1963, 16mm, b/w, 45 min. Recognized as an unprecedented visionary masterpiece, Flaming Creatures was also reviled, rioted over, banned as porn, and pondered by the Supreme Court. “Jack Smith described Flaming Creatures as ‘a comedy set in a haunted movie studio.’ It is that, as well as the single most important and influential underground movie ever released in America,” according to J. Hoberman, film critic of The Village Voice for more than 30 years and an authority on the Smith performance and film oeuvre. “Smith’s movie was a source of inspiration for artists as disparate as Andy Warhol, Federico Fellini and John Waters but he never completed another.” Find out why. Hoberman’s books include The Dream Life: Movies, Media and the Mythology of the Sixties and Bridge of Light: Yiddish Cinema Between Two Worlds. Hoberman has authored a 2001 monograph on Flaming Creatures titled, On Jack Smith’s Flaming Creatures (and Other Secret-Flix of Cinemaroc), as well as numerous articles on Smith, a key figure in the New York underground cinema of the 1960s and a performance art pioneer. Hoberman’s talk will precede a screening of Flaming Creatures, and detail the film’s creative making and legal unmaking on charges of obscenity. Flaming Creatures’ delirium of transgendered eroticism and trashy artifice prompted its first champion Jonas Mekas, then writing in The Village Voice to declare (presciently, as it turned out): “[I]t is so beautiful I feel ashamed to sit through the current Hollywood and European movies... -
Reviews & Press •
REVIEWS & PRESS J. Hoberman. On Jack Smith’s Flaming Creatures (and Other Secret-Flix of Cinemaroc). Granary Books, & Hip’s Road, 2001. • Grubbs, David. "Review of On Jack Smith's 'Flaming Creatures.' " Bookforum 9.1: 15. It's a shame that Ted Turner dropped out of the film-colorization business before tackling Flaming Creatures. I'm trying to imagine Jack Smith's washed-out, defiantly low-contrast 1963 film being given the full treatment. Flaming Creatures is the work for which Smith is best known, a film that landed exhibitors in a vortex of legal trouble and quickly became the most reviled of '60s underground features. As J. Hoberman writes, "Flaming Creatures is the only American avant-garde film whose reception approximates the scandals that greeted L'Age d'Or or Zéro de Conduite." Smith's self-described comedy in a "haunted movie studio" is a forty-two-minute series of attractions that include false starts, primping, limp penises, bouncing breasts, a fox-trot, an orgy, a transvestite vampire, an outsized painting of a vase, and perilous stretches of inactivity. The sound track juxtaposes Bartók, Ali Baba and the Forty Thieves, the Everly Brothers, and an audience-baiting minutes-long montage of screams. Still, one suspects that the greatest trespass may have been putting Smith's queer "creatures" on display. If Hoberman's monograph makes Smith's filmic demimonde less other-worldly—colorizes it, if without the Turner motive—it does so in a manner more akin to the 1995 restoration of Jacques Tati's 1948 Jour de Fête. Tati's film was shot simultaneously in color and in black and white; had the experimental Thomson-Color process worked at the time, it would have been the first French full-length color film. -
13 Most Wanted Men: Andy Warhol and the 1964 World’S Fair
1 3 Most Apr 27 Wanted Men 20 14 Andy Warhol Sept 7 and the 1964 2014 World’s Fair More than fifty years have passed since architect Philip Johnson was 1 3 Most asked by New York State Governor Nelson Rockefeller to design the New York State Pavilion for the 1964 New York World’s Fair. To adorn Wanted Men the outside wall of the Pavilion’s circular Theaterama, Johnson invited ten up-and-coming artists to each produce a new work for a 20’ x 20’ Andy Warhol slot: Peter Agostini, John Chamberlain, Robert Indiana, Ellsworth Kelly, Roy Lichtenstein, Alexander Lieberman, Robert Mallary, Robert and the 1964 Rauschenberg, James Rosenquist and Andy Warhol, who at that time World’s Fair had enjoyed only one New York exhibition of his Pop paintings. While Lichtenstein contributed a laughing comic-book redhead and Kelly paired red and blue monochromatic forms, Warhol chose to Apr 27 enlarge mug shots of the NYPD’s 13 most wanted criminals of 1962, silkscreen them on square Masonite panels, and tile them together into an animated black-and-white rogue’s gallery that would look out over 2014 the Fair. 13 Most Wanted Men was installed by April 15, 1964, and, after triggering objections at the highest level, was painted over with Sept 7 silver paint a few days later. When the Fair opened to the public on April 22, all that was visible was a 20’ x 20’ silver square, mounted on 2014 the concrete structure between a fragile-looking white sculpture by Agostini and a colorful combination of advertising imagery by Rosenquist. -
Saul Levine Interview by Katy Martin June08
Saul Levine interviewed by Katy Martin – p. 1 SAUL LEVINE Interviewed by Katy Martin in 2008 for Art World Magazine (Yishu Shijie), Shanghai, China and The Museum of Contemporary Art Shanghai (MOCA Shanghai) The French surrealist poet, Jean Cocteau, said that, “Film will only become art when its materials are as inexpensive as pencil and paper.” In the days before the invention of light video cameras, 8mm film came as close as you could to Cocteau’s dream. Saul Levine adopted the medium in the 1960s and began using the camera to record his daily life, out of which he developed his art. Levine’s life has included some key events of an era, so his films evoke history from a fresh point of view. For example, his film, NEW LEFT NOTE, is based on footage from major anti-war demonstrations in the late 1960s. At the time, Saul played a leading role in a prominent student organization (SDS), so these events are seen from inside. Yet the finished film is edited primarily in terms of color, and it is structured poetically, in large part as a love poem to another student leader in the movement. Over the years, Saul has created a body of work that is, first and foremost, a collection of “cine-poems.” Yet these same films also give us a document, and a formally innovative record of the artist’s life. Saul Levine’s films have screened throughout the United States and Europe. He has had major retrospectives at Anthology Film Archives (New York) and Harvard Film Archives (Boston) and has been featured in solo shows at the New York Film Festival and the Rotterdam Film Festival. -
Andy Warhol's Blow
INTRODUCTION hen Andy Warhol began making films in 1963, blow jobs, although widely given and received, to be sure, were still a taboo subject. Any claim that, today, this taboo has been lifted, is a misjudgment, despite the sexual liberation of the 1970s, the public sphere’s acknowledgment of “alternative lifestyles,” the media industry’s ever more aggressive exploitation of racy sex, the proliferation of Internet chat rooms, and a recent presidential sex scandal. Especially the last example makes clear just how deeply American culture continues to be pervaded by the private/public split. Apart from the fact that genital sex in general is still a queasy subject (its representations rele- gated to the realm of the pornographic), sex of the nonmarital, nonreproductive kind is entertained with even greater anxiety. As far as blow jobs are concerned, sex censorship is firmly ritualized and yet (or therefore?) highly ironic. Representations of blow jobs are precise indices of how a modern, basically liberal, secular society determined by the private/public split visually serves up sex to its media consumers. On one level, the physical particularities of blow jobs are a godsend for Hollywood and cable television: The partner who moves down the anatomy invariably exits the frame—the realm of what is deemed representable— without disturbing the viewer’s connectedness to the overall act. Even so, these physical specifics, in themselves, still pose a particularly slippery area. They foreground in charged manner that sex is about power, and power is what determines the status of gen- der and gender relations under patriarchy. -
Women's Experimental Cinema
FILM STUDIES/WOMEN’S STUDIES BLAETZ, Women’s Experimental Cinema provides lively introductions to the work of fifteen avant- ROBIN BLAETZ, garde women filmmakers, some of whom worked as early as the 1950s and many of whom editor editor are still working today. In each essay in this collection, a leading film scholar considers a single filmmaker, supplying biographical information, analyzing various influences on her Experimental Cinema Women’s work, examining the development of her corpus, and interpreting a significant number of individual films. The essays rescue the work of critically neglected but influential women filmmakers for teaching, further study, and, hopefully, restoration and preservation. Just as importantly, they enrich the understanding of feminism in cinema and expand the ter- rain of film history, particularly the history of the American avant-garde. The essays highlight the diversity in these filmmakers’ forms and methods, covering topics such as how Marie Menken used film as a way to rethink the transition from ab- stract expressionism to Pop Art in the 1950s and 1960s, how Barbara Rubin both objecti- fied the body and investigated the filmic apparatus that enabled that objectification in her film Christmas on Earth (1963), and how Cheryl Dunye uses film to explore her own identity as a black lesbian artist. At the same time, the essays reveal commonalities, in- cluding a tendency toward documentary rather than fiction and a commitment to nonhi- erarchical, collaborative production practices. The volume’s final essay focuses explicitly on teaching women’s experimental films, addressing logistical concerns (how to acquire the films and secure proper viewing spaces) and extending the range of the book by sug- gesting alternative films for classroom use. -
Andy Warhol's Pantry, 8 Akron Intell
University of Kentucky UKnowledge Law Faculty Scholarly Articles Law Faculty Publications Spring 2015 Andy Warhol’s Pantry Brian L. Frye University of Kentucky College of Law, [email protected] Follow this and additional works at: https://uknowledge.uky.edu/law_facpub Part of the Entertainment, Arts, and Sports Law Commons, and the Intellectual Property Law Commons Right click to open a feedback form in a new tab to let us know how this document benefits ou.y Recommended Citation Brian L. Frye, Andy Warhol's Pantry, 8 Akron Intell. Prop. J. 17 (2015). This Article is brought to you for free and open access by the Law Faculty Publications at UKnowledge. It has been accepted for inclusion in Law Faculty Scholarly Articles by an authorized administrator of UKnowledge. For more information, please contact [email protected]. Andy Warhol’s Pantry Notes/Citation Information Akron Intellectual Property Journal, Vol. 8, No. 1 (2015), 17-51 This article is available at UKnowledge: https://uknowledge.uky.edu/law_facpub/478 FINAL DRAFT - 8(3) ANDY WARHOL'S PANTRY MACRO.DOCX (DO NOT DELETE) 3/18/15 7:09 AM ANDY WARHOL’S PANTRY Brian L. Frye* ABSTRACT This Article examines Andy Warhol’s use of food and food prod- ucts as a metaphor for commerce and consumption. It observes that Warhol’s use of images and marks was often inconsistent with copyright and trademark doctrine, and suggests that the fair use doctrine should in- corporate a “Warhol test.” I. Introduction ......................................................................... 18 II. Warhol’s Background .......................................................... 19 III. A Brief History of Warhol’s Food-Related Art .................. -
David Parkinson, “Festivals and Seasons,” Empire, September, 2011
David Parkinson, “Festivals and Seasons,” Empire, September, 2011. Jack Smith is one of the talismen of the 1960s American avant-garde. Difficult, provocative and far from prolific, he was besotted with the 1940s Queen of Technicolor, Maria Montez, and it's fitting that A Feast for Open Eyes, the ICA's retrospective of his little-seen canon, commences on the 60th anniversary of the day that the Dominican-born star drowned in her bath in Paris at the tragically young age of 39. The programme will make virtually no sense to newcomers unless they first watch Mary Jordan's outstanding documentary Jack Smith and the Destruction of Atlantis (2006). Making inspired use of clips from Smith's eclectic oeuvre and recollections from those who either worked with him or count him as a crucial influence, this not only puts the work in a biographical context, but also goes some way to explaining its recurrent themes and motifs. Indeed, so compelling and compassionate is this profile that some may even come to find Smith's art much less interesting than his life. Sister Mary Sue Slater proves key to unlocking Smith's paranoid and ultimately self-destructive personality by revealing the traumas he suffered as a boy. Born in Columbus, Ohio he lost his father at an early age and despised his mother for marrying twice more and relocating him to Galveston, Texas and Kenosha, Wisconsin. His only solace in this unhappy period was his weekly trip to the movies and it was here he was bewitched by the fantasy teamings of Maria Montez and Jon Hall that kept Universal solvent during the war years. -
Ghost Films of the Avant-Garde S
chapter 2 GHOST FILMS OF THE AVANT-GARDE S I am not greedy. I do not seek to possess the major portion of your days. I am content if, on those rare occasions whose truth can be stated only by poetry, you will, perhaps, recall an image, even only the aura of my fi lms. And what more could I possibly ask, as an artist, than that your most precious visions, however rare, assume, sometimes, the forms of my images. —Maya Deren, ‘Cinema as an Art Form’. Maya Deren’s declaration acknowledges a generally overlooked, yet crucial fact about art – once our immediate experience is over, the work spends its life nest- ling in our memories, returning intermittently outside aesthetic contexts. Deren shows a particular sensitivity to the way in which art is subjectively rendered in the mind, which may be characteristic of the avant-garde. We can ask: what is it that the artist aims to create – a vivid experience, or a persistent memory? The answer might be given that they try to provide both. A central claim advanced in this chapter, however, is that the rewards of some avant-garde fi lms sometimes lie more in their long-term resonance rather than in their immediate impact. This is not to suggest that avant-garde fi lms are easy to remember, on the con- trary, the claim will also be made that formal characteristics that pertain to the avant-garde make them diffi cult to recall. However, there are dimensions to the creation and retention of our memories following an encounter with avant-garde fi lms that may encourage a vivid memory. -
Andy Warhol 12/28/07 10:26 PM
Andy Warhol 12/28/07 10:26 PM contents great directors cteq annotations top tens about us links archive search Andy Warhol Andrew Warhola b. August 6, 1928, Pittsburgh, Pennsylvania, USA d. February 22, 1987, New York, New York, USA by Constantine Verevis Constantine Verevis teaches in the School of Literary, Visual and Performance Studies at Monash University, Melbourne. filmography bibliography articles in Senses web resources When people describe who I am, if they don't say, 'Andy Warhol the Pop artist,' they say, 'Andy Warhol the underground filmmaker.' Andy Warhol, POPism Andy Warhol was not only the twentieth century's most “famous” exponent of Pop art but, “a post-modern Renaissance man”: a commercial illustrator, a writer, a photographer, a sculptor, a magazine editor, a television producer, an exhibition curator, and one of the most important and provocative filmmakers of the New American Cinema group of the early 1960s. (1) The influence of Warhol's filmmaking can be found in both the Hollywood mainstream film, which took from his work a “gritty street-life realism, sexual explicitness, and on-the-edge performances,” and in experimental film, which “reworked his long-take, fixed-camera aesthetic into what came to be known as structural film.” (2) At the beginning of the 1960s Warhol emerged as a significant artist in the New York art scene, his first Manhattan show – at the Stable Gallery in the fall of '62 – featuring Coca- Cola, Dance Diagram, Do It Yourself, Elvis, Marilyn and disaster paintings. In 1963 Warhol established a work space in a vacant firehouse – a hook and ladder company – on East 87th Street, and later that same year moved his studio to 231 East 47th Street, the space which came to be known as the Factory.