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"Washington Square on a summer's afternoon," from Fred McDarrah, Greenwich Village (1963), p. 25. By permission of Fred W. McDarrah. Downloaded from http://read.dukeupress.edu/books/book/chapter-pdf/662535/9780822396901-gallery1-1.pdf by guest on 29 September 2021 "Bleecker Street pushcarts," from Fred McDarrah, Greenwich Village (I963), P.59. By permission of Fred W. McDarrah. Map of Greenwich Village, I963. Downloaded from http://read.dukeupress.edu/books/book/chapter-pdf/662535/9780822396901-gallery1-1.pdf by guest on 29 September 2021 San Gennaro Festival. By permission of Fred W. McDarrah. Downloaded from http://read.dukeupress.edu/books/book/chapter-pdf/662535/9780822396901-gallery1-1.pdf by guest on 29 September 2021 Jazz Gallery, St. Mark's Place, from Fred McDarrah, Greenwich Village (I963), p. 85. By permission of Fred W. McDarrah. Sandwich board for The Connection, from Fred McDarrah, Greenwich Village (I963), p. 87. By permission of Fred W. McDarrah. Facing page: "Mac­ Dougal Street at night, a perpetual street fair," from Fred McDarrah, Greenwich Village (I963), p. 57. By per­ mission of Fred W. McDarrah. Downloaded from http://read.dukeupress.edu/books/book/chapter-pdf/662535/9780822396901-gallery1-1.pdf by guest on 29 September 2021 Downloaded from http://read.dukeupress.edu/books/book/chapter-pdf/662535/9780822396901-gallery1-1.pdf by guest on 29 September 2021 Judson Poets' Theater: What Happened by Gertrude Stein, directed by Lawrence Kornfeld. AI Carmines is at the piano, Arlene Rothlein sits on the piano, and Lucinda Childs is carried aloft. Photo © 1963 Peter Moore. By permission of Peter Moore. Downloaded from http://read.dukeupress.edu/books/book/chapter-pdf/662535/9780822396901-gallery1-1.pdf by guest on 29 September 2021 Yvonne Rainer, We Shall Run (I965 performance at the Wadsworth Ath­ eneum, Hartford, Connecticut). Left to right: Sally Gross, Tony Holder, Deborah Hay, Yvonne Rainer, Alex Hay, Lucinda Childs; left to right, partially hidden: Robert Rauschenberg, Joseph Schlichter, Robert Morris. Photo © I965 Peter Moore. By permission of Peter Moore. Barbara Dilley and son in Steve Paxton's Afternoon. Photo © I963 Peter Moore. By permission of the Archives of Experimental Art. Downloaded from http://read.dukeupress.edu/books/book/chapter-pdf/662535/9780822396901-gallery1-1.pdf by guest on 29 September 2021 Caffe Cino. By permission of Fred W. McDarrah. Downloaded from http://read.dukeupress.edu/books/book/chapter-pdf/662535/9780822396901-gallery1-1.pdf by guest on 29 September 2021 "A Friday night opening on loth Street. Upstairs, Aegis Gallery; downstairs, Camino Gallery; Littlefield and Dworzan in the doorway," from Fred McDarrah, Greenwich Village (1963), p. 73. By permission of Fred W. McDarrah. Downloaded from http://read.dukeupress.edu/books/book/chapter-pdf/662535/9780822396901-gallery1-1.pdf by guest on 29 September 2021 Fluxus Editions of George Brecht's Valoehe/A Flux Travel Aid. Photo by Brad Iverson. Courtesy of the Gilbert and Lila Silverman Fluxus Collection, Detroit. La Mama's Ellen Stewart (center) at home in 1969. Left to right: Wahundra, Victor Lapari, Ellen Stewart, Leonard Melfi, Chin Yee. From the private collection at the La Mama E.T.C. Archives and Library. Courtesy of Ellen Stewart. Downloaded from http://read.dukeupress.edu/books/book/chapter-pdf/662535/9780822396901-gallery1-1.pdf by guest on 29 September 2021 Allan Kaprow, Tree. Photo © 1963 Peter Moore. By permission of Peter Moore. Downloaded from http://read.dukeupress.edu/books/book/chapter-pdf/662535/9780822396901-gallery1-1.pdf by guest on 29 September 2021 Jack Smith in Ken Jacobs's Little Stabs at Happiness. Courtesy of Anthology Film Archives. Yvonne Rainer and Trisha Brown in "Duet" section of Rainer's Terrain (at Judson Hall). Photo © 1963 V. Sladon. By permis­ sion ofV. Sladon. Downloaded from http://read.dukeupress.edu/books/book/chapter-pdf/662535/9780822396901-gallery1-1.pdf by guest on 29 September 2021 Yvonne Rainer, Three Seascapes. In the audience: AI Carmines (in glasses); to his left, Gretchen Maclane; to her left, Jennifer Tipton. Photo © 1963 AI Giese. By permission of AI Giese. Taylor Mead in Ron Rice's Queen of Sheba Meets the Atom Man. By permission of Anthol­ ogy Film Archives. Downloaded from http://read.dukeupress.edu/books/book/chapter-pdf/662535/9780822396901-gallery1-1.pdf by guest on 29 September 2021 Roy Lichtenstein, Drown­ ing Girl. © 1963 Roy Lichtenstein. Courtesy of the Museum of Modern Art. Andy Warhol shows his Brillo boxes at the Four Seasons' showing of Pop Art. He is flanked by model Robin Mac Donald (left) and artist Jane Wagner (right). By permission of AP/Wide World Photos. Downloaded from http://read.dukeupress.edu/books/book/chapter-pdf/662535/9780822396901-gallery1-1.pdf by guest on 29 September 2021 Tom Wesselmann, Still Life #28 (mixed media, collage, and live TV on board). © 1992 Wesselmann/vAGA, New York. By permission of VAGA. Courtesy of Sidney Janis Gallery, New York. Claes Oldenburg, Bacon, Lettuce, and Tomato (mixed media). Photo by Geoffrey Clements. From the collection of Conrad Janis. Courtesy of Sidney Janis Gallery. Downloaded from http://read.dukeupress.edu/books/book/chapter-pdf/662535/9780822396901-gallery1-1.pdf by guest on 29 September 2021 Downloaded from http://read.dukeupress.edu/books/book/chapter-pdf/662535/9780822396901-gallery1-1.pdf by guest on 29 September 2021 Facing page, top to bottom: Kenneth Anger, Scorpio Rising. Scene from Shirley Clarke's film The Connection. Courtesy of the Wisconsin State Historical Society Film Archive. Judith Dunn, Acapulco. Left to right: Judith Dunn, Lucinda Childs, Deborah Hay. Photo © 1964 Peter Moore. By permission of Peter Moore. Below: Robert Rauschenberg, Carolyn Brown, and Alex Hay, in Rauschenberg's Pelican (at the 1965 First New Theater Rally). Photo © 1965 Peter Moore. By permission of Peter Moore. Downloaded from http://read.dukeupress.edu/books/book/chapter-pdf/662535/9780822396901-gallery1-1.pdf by guest on 29 September 2021 Jennifer West and Robert Hooks in LeRoi Jones's Dutchman. Photo by Alix Jeffry. Courtesy of the Billy Rose Theater Collec­ tion, the New York Public Library for the Performing lUrrs,~tor,Lenox,and Tilden Foundations. Shirley Clarke shooting The Cool World. Courtesy of the Wisconsin State Historical Society Film Archive. Downloaded from http://read.dukeupress.edu/books/book/chapter-pdf/662535/9780822396901-gallery1-1.pdf by guest on 29 September 2021 Jack Smith's Flaming Crea­ tures. Courtesy of Anthology Film Archives. Yvonne Rainer and William Davis in "love" duet, part of "Play" in Rainer's Terrain. Photo © 1963 Al Giese. By permission of Al Giese. Kenneth H. Brown's The Brig, with the original cast of the Living Theater production by Julia Malina and Julian Beck, from the film by Jonas and Adolfas Mekas. Courtesy ofJonas Mekas. Downloaded from http://read.dukeupress.edu/books/book/chapter-pdf/662535/9780822396901-gallery1-1.pdf by guest on 29 September 2021 Open Theater. By permission of Fred W. McDarrah. Robert Indiana in Andy Warhol's Eat. Downloaded from http://read.dukeupress.edu/books/book/chapter-pdf/662535/9780822396901-gallery1-1.pdf by guest on 29 September 2021 Allan Kaprow, Cave Plan for Eat. By permis­ sion of Allan Kaprow. Allan Kaprow, Eat. Photo © I963 Peter Moore. By permission of Peter Moore. Downloaded from http://read.dukeupress.edu/books/book/chapter-pdf/662535/9780822396901-gallery1-1.pdf by guest on 29 September 2021 The party scene in Kenneth Anger's Scorpio Rising. Carolee Schneemann, Meat Joy. Photo © 1964 Peter Moore. By permission of Peter Moore. Downloaded from http://read.dukeupress.edu/books/book/chapter-pdf/662535/9780822396901-gallery1-1.pdf by guest on 29 September 2021 Andy Warhol's Kiss. James Anderson, Gretel Cummings, and Fred Herko in Rosalyn Drexler's Home Movies. Photo by Van Williams. Courtesy of the Billy Rose Theater Collection, the New York Public Library for the Performing Arts, Astor, Lenox, and Tilden Foundations. Downloaded from http://read.dukeupress.edu/books/book/chapter-pdf/662535/9780822396901-gallery1-1.pdf by guest on 29 September 2021 Allan Kaprow, Household. Photo by Sol Goldberg/Ithaca Journal. By permission of Harry Abrams. Letty Eisenhauer in Ben Patterson's Lick Piece. Photo © 1963 Peter Moore. By permission of Peter Moore. Downloaded from http://read.dukeupress.edu/books/book/chapter-pdf/662535/9780822396901-gallery1-1.pdf by guest on 29 September 2021 Alex Hay, poster for Judson Dance Theater Concerts #6 and #7. Courtesy of Yvonne Rainer. Lucinda Childs, Carnation. Photo © 1964, 1991 Peter Moore. By permission )f Peter Moore. Downloaded from http://read.dukeupress.edu/books/book/chapter-pdf/662535/9780822396901-gallery1-1.pdf by guest on 29 September 2021 Downloaded from http://read.dukeupress.edu/books/book/chapter-pdf/662535/9780822396901-gallery1-1.pdf by guest on 29 September 2021 Carolee Schneemann and Robert Morris in Morris's Site. Photo © 1964 Peter Moore. By permission of Peter Moore. Steve Paxton and Yvonne Rainer in Word Words. Photo © 1963 by AI Giese. By permission of AI Giese. Downloaded from http://read.dukeupress.edu/books/book/chapter-pdf/662535/9780822396901-gallery1-1.pdf by guest on 29 September 2021 Stan Brakhage, Thigh Line Lyre Triangular. Courtesy of Anthol­ ogy Film Archives. Neil Flanagan in Lanford Wilson's The Madness ofLady Bright at Caffe Cino. Photo by James Gossage. Courtesy of the Billy Rose Theater Collection, the New York Public Library for the Performing Arts, Astor, Lenox, and Tilden Foundations. Facing page: George Segal, Woman Shaving Her Leg (plaster, metal, porcelain, masonite). Collection of Mrs. R. Mayer, Chicago. © 1992 Segal/vAGA New York. By permission of VAGA. Downloaded from http://read.dukeupress.edu/books/book/chapter-pdf/662535/9780822396901-gallery1-1.pdf by guest on 29 September 2021 Downloaded from http://read.dukeupress.edu/books/book/chapter-pdf/662535/9780822396901-gallery1-1.pdf by guest on 29 September 2021 James Waring, At the Hallelujah Gardens.
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  • The Dialectic of Obscenity

    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.