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Outrageous Opinion, Democratic Deliberation, and Hustler Magazine V
VOLUME 103 JANUARY 1990 NUMBER 3 HARVARD LAW REVIEW THE CONSTITUTIONAL CONCEPT OF PUBLIC DISCOURSE: OUTRAGEOUS OPINION, DEMOCRATIC DELIBERATION, AND HUSTLER MAGAZINE V. FALWELL Robert C. Post TABLE OF CONTENTS PAGE I. HUSTLER MAGAZINE V. FALWELL ........................................... 6o5 A. The Background of the Case ............................................. 6o6 B. The Supreme Court Opinion ............................................. 612 C. The Significance of the Falwell Opinion: Civility and Intentional Infliction of Emotional Distress ..................................................... 616 11. THE FIRST AMENDMENT AND PUBLIC DISCOURSE ............................. 626 A. Public Discourse and Community ........................................ 627 B. The Structure of Public Discourse ............... ..................... 633 C. The Nature of Critical Interaction Within Public Discourse ................. 638 D. The First Amendment, Community, and Public Discourse ................... 644 Im. PUBLIC DISCOURSE AND THE FALIWELL OPINION .............................. 646 A. The "Outrageousness" Standard .......................................... 646 B. The Distinction Between Speech and Its Motivation ........................ 647 C. The Distinction Between Fact and Opinion ............................... 649 i. Some Contemporary Understandings of the Distinction Between Fact and Opinion ............................................................ 650 (a) Rhetorical Hyperbole ............................................. 650 (b) -
Gay Era (Lancaster, PA)
LGBT History Project of the LGBT Center of Central PA Located at Dickinson College Archives & Special Collections http://archives.dickinson.edu/ Documents Online Title: Gay Era (Lancaster, PA) Date: December 1977 Location: LGBT-001 Joseph W. Burns Collection Periodicals Collection Contact: LGBT History Project Archives & Special Collections Waidner-Spahr Library Dickinson College P.O. Box 1773 Carlisle, PA 17013 717-245-1399 [email protected] f t I I Al IS "A Monthly Publication Serving 'Rural' Pennsylvania" DECEMBER 1977 vol. 3 no. 8 5Oc p ' THAT* "BLASPHEMOUS" Lb kPOEM_s&- pF J|r the SexuaLOutlaw iMen Leming Men f SAW DADDY 4 KISSING - lny ■B Ml SAAZ77I CLAUS a ose open daily 4p.m.-2a.m. DANCING 400 NO. SECOND ST. flAQDISBUDG, PA. Now under new ownership— —formerly “The Dandelion Tree” . In the News the Governor's Council for Sexual personal conduct, freely chosen, NATIONAL GAY BLUE JEANS DAY Minorities. which is morally offensive and frank The Americus Hotel in Allentown ly obnoxious to the vast majority of HELD IN STATE COLLEGE suddenly reversed its decision two local citizens." months after it had agreed to host The Mayor and City Council also by Dave Leas look with disfavor on the proposed Gay Era staff the conference. This decision was made by the hotel's owner; the man bill and are unwilling to sponsor ager who had originally agreed to it. But a group called the "Lehigh the conference is no longer employed Valley Coalition for Human Rights" If you didn't notice, or remember, has been formed and is gathering October 14 was National Gay Blue by the Americus. -
California Hard Core
UC Berkeley UC Berkeley Electronic Theses and Dissertations Title California Hard Core Permalink https://escholarship.org/uc/item/0g37b09q Author Duong, Joseph Lam Publication Date 2014 Peer reviewed|Thesis/dissertation eScholarship.org Powered by the California Digital Library University of California California Hard Core By Joseph Lam Duong A dissertation submitted in partial satisfaction of the requirements for the degree of Doctor of Philosophy in History in the Graduate Division of the University of California, Berkeley Committee in charge: Professor Waldo E. Martin, Chair Professor Kerwin Lee Klein Professor Linda Williams Spring 2014 Copyright 2014 by Joseph Lam Duong Abstract California Hard Core by Joseph Lam Duong Doctor of Philosophy in History University of California, Berkeley Professor Waldo E. Martin, Chair California Hard Core is a narrative history of the pornographic film industry in California from 1967 to 1978, a moment when Americans openly made, displayed, and watched sexually explicit films. Two interrelated questions animate this project: Who moved the pornographic film from the margins of society to the mainstream of American film culture? What do their stories tell us about sex and sexuality in the U.S. in the last third of the twentieth century? The earlier academic literature concentrates on pornographic film and political debates surrounding it rather than industry participants and their contexts. The popular literature, meanwhile, is composed almost entirely of book-length oral histories and autobiographies of filmmakers and models. California Hard Core helps to close the divide between these two literatures by documenting not only an eye-level view of work from behind the camera, on the set, and in the movie theater, but also the ways in which consumers received pornographic films, placing the reader in the viewing position of audience members, police officers, lawyers, judges, and anti-pornography activists. -
Commentary on Larry Flynt's Role in the Free Speech Debate
Washington and Lee University School of Law Washington & Lee University School of Law Scholarly Commons Scholarly Articles Faculty Scholarship 2010 First Amendment Martyr, First Amendment Opportunist: Commentary on Larry Flynt's Role in the Free Speech Debate Rodney A. Smolla Furman University Follow this and additional works at: https://scholarlycommons.law.wlu.edu/wlufac Part of the First Amendment Commons Recommended Citation Rodney A. Smolla, First Amendment Martyr, First Amendment Opportunist: Commentary on Larry Flynt's Role in the Free Speech Debate, 9 First Amend. L. Rev. 1 (2010-2011). This Article is brought to you for free and open access by the Faculty Scholarship at Washington & Lee University School of Law Scholarly Commons. It has been accepted for inclusion in Scholarly Articles by an authorized administrator of Washington & Lee University School of Law Scholarly Commons. For more information, please contact [email protected]. +(,121/,1( Citation: 9 First Amend. L. Rev. 1 2010-2011 Content downloaded/printed from HeinOnline (http://heinonline.org) Fri Sep 13 12:46:54 2013 -- Your use of this HeinOnline PDF indicates your acceptance of HeinOnline's Terms and Conditions of the license agreement available at http://heinonline.org/HOL/License -- The search text of this PDF is generated from uncorrected OCR text. FIRST AMENDMENT MARTYR, FIRST AMENDMENT OPPORTUNIST: COMMENTARY ON LARRY FLYNT'S ROLE IN THE FREE SPEECH DEBATE* RODNEY A. SMOLLA Good afternoon and thanks for staying. I'll begin with a little story. If you watch the movie The People vs. Larry Flynt,' there's a fictional scene in the movie that I want to use as my theme. -
Selected Chronology of Political Protests and Events in Lawrence
SELECTED CHRONOLOGY OF POLITICAL PROTESTS AND EVENTS IN LAWRENCE 1960-1973 By Clark H. Coan January 1, 2001 LAV1tRE ~\JCE~ ~')lJ~3lj(~ ~~JGR§~~Frlt 707 Vf~ f·1~J1()NT .STFie~:T LA1JVi~f:NCE! i(At.. lSAG GG044 INTRODUCTION Civil Rights & Black Power Movements. Lawrence, the Free State or anti-slavery capital of Kansas during Bleeding Kansas, was dubbed the "Cradle of Liberty" by Abraham Lincoln. Partly due to this reputation, a vibrant Black community developed in the town in the years following the Civil War. White Lawrencians were fairly tolerant of Black people during this period, though three Black men were lynched from the Kaw River Bridge in 1882 during an economic depression in Lawrence. When the U.S. Supreme Court ruled in 1894 that "separate but equal" was constitutional, racial attitudes hardened. Gradually Jim Crow segregation was instituted in the former bastion of freedom with many facilities becoming segregated around the time Black Poet Laureate Langston Hughes lived in the dty-asa child. Then in the 1920s a Ku Klux Klan rally with a burning cross was attended by 2,000 hooded participants near Centennial Park. Racial discrimination subsequently became rampant and segregation solidified. Change was in the air after World "vV ar II. The Lawrence League for the Practice of Democracy (LLPD) formed in 1945 and was in the vanguard of Post-war efforts to end racial segregation and discrimination. This was a bi-racial group composed of many KU faculty and Lawrence residents. A chapter of Congress on Racial Equality (CORE) formed in Lawrence in 1947 and on April 15 of the following year, 25 members held a sit-in at Brick's Cafe to force it to serve everyone equally. -
Gay Era (Lancaster, PA)
LGBT History Project of the LGBT Center of Central PA Located at Dickinson College Archives & Special Collections http://archives.dickinson.edu/ Documents Online Title: Gay Era (Lancaster, PA) Date: May 1977 Location: LGBT-001 Joseph W. Burns Collection Periodicals Collection Contact: LGBT History Project Archives & Special Collections Waidner-Spahr Library Dickinson College P.O. Box 1773 Carlisle, PA 17013 717-245-1399 [email protected] vol.3 no.3 5Oc MAY 1977 inside: FLORIDA FOLLIES DISH DEMONS Barry Kohn & William Kaff Staff Deserts Office to Fly Kites BLANK PAGES and more items in questionable taste 3 WHAT IS OBSCENITY? This question will haunt the lives of every citi THE POLITICS OF GOVERNMENT. ITS SUPPRESSION IS EN zen IN THIS COUNTRY UNTIL IT IS FINALLY RESOLVED OR TWINED WITH ATTEMPTS TO REGULATE HUMAN BEHAVIOR THE WORD IS COMPLETELY DISCARDED. THROUGH CONTROL OF IMAGERY, ARE WE GOING TO GIVE After recently reading countless articles regard THE GOVERNMENT THE POWER TO BECOME MORAL POLICEMEN? ing THE CASES OF LARRY FlYNT, PUBLISHER OF HUSTLER The DEBATE IN THE LITERARY FIELD CONTINUES:CONTINUES HOW magazine, Al Goldstein, publisher of Screw magazine, FAR SHOULD THE FIRST AMENDMENT BE APPLIED? Ml1EAN- and Harry Reems who starred in Deep Ihroat, I can while, Larry Flynt will be in jail. only reflect on the incident that took place when n Harry Reems; , ."Deep Throat s” pretty. Harry the Gay Era took the January issue to our printer. Reems was paid $1UO to._ star. .............. in "___Deep Ihroat" WITHi I WILL TRY TO OUTLINE THE FOUR CASES AS BRIEFLY Linda Lovelace. -
Jerry Falwell V. Larry Flynt: the Irsf T Amendment on Trial
University of Minnesota Law School Scholarship Repository Constitutional Commentary 1990 Book Review: Jerry Falwell V. Larry Flynt: The irsF t Amendment on Trial. by Rodney A. Smolla. L.A. Jr. Powe Follow this and additional works at: https://scholarship.law.umn.edu/concomm Part of the Law Commons Recommended Citation Powe, L.A. Jr., "Book Review: Jerry Falwell V. Larry Flynt: The irF st Amendment on Trial. by Rodney A. Smolla." (1990). Constitutional Commentary. 593. https://scholarship.law.umn.edu/concomm/593 This Article is brought to you for free and open access by the University of Minnesota Law School. It has been accepted for inclusion in Constitutional Commentary collection by an authorized administrator of the Scholarship Repository. For more information, please contact [email protected]. 1990] BOOK REVIEW 127 another fundamental way. The paradigm suggests that politicians want to do what most citizens want, and that they as much as the citizenry feel injured when the Court strikes down controversial statutes, or at least that they are likely to retaliate against the Court for offending their constituents. An alternative hypothesis is that Congress wants a powerful Supreme Court, even if-perhaps some times especially if-the Court makes politically unpopular deci sions. The Supreme Court is Congress's lightning rod. The real reason Congress is reluctant to whip the Supreme Court in the wake of controversial decisions is not that the Court has more power or prestige than Congress can control. Quite the contrary. The Court shields the members of both Congress and the state legislatures from the need to make politically unpopular decisions. -
ELCOCK-DISSERTATION.Pdf
HIGH NEW YORK THE BIRTH OF A PSYCHEDELIC SUBCULTURE IN THE AMERICAN CITY A Thesis Submitted to the College of Graduate Studies and Research in Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy in the Department of History University of Saskatchewan Saskatoon By CHRIS ELCOCK Copyright Chris Elcock, October, 2015. All rights reserved Permission to Use In presenting this thesis in partial fulfilment of the requirements for a Postgraduate degree from the University of Saskatchewan, I agree that the Libraries of this University may make it freely available for inspection. I further agree that permission for copying of this thesis in any manner, in whole or in part, for scholarly purposes may be granted by the professor or professors who supervised my thesis work or, in their absence, by the Head of the Department or the Dean of the College in which my thesis work was done. It is understood that any copying or publication or use of this thesis or parts thereof for financial gain shall not be allowed without my written permission. It is also understood that due recognition shall be given to me and to the University of Saskatchewan in any scholarly use which may be made of any material in my thesis. Requests for permission to copy or to make other use of material in this thesis in whole or part should be addressed to: Head of the Department of History Room 522, Arts Building 9 Campus Drive University of Saskatchewan Saskatoon, Saskatchewan S7N 5A5 Canada i ABSTRACT The consumption of LSD and similar psychedelic drugs in New York City led to a great deal of cultural innovations that formed a unique psychedelic subculture from the early 1960s onwards. -
United States V. Playboy Entertainment Group, Inc.: a Twenty- Four-Hour Safe Harbor for Sexually Explicit Programming
Mercer Law Review Volume 52 Number 3 Articles Edition - A Symposium: Article 15 Ethical Issues in Settlement Negotiations 5-2001 United States v. Playboy Entertainment Group, Inc.: A Twenty- Four-Hour Safe Harbor for Sexually Explicit Programming Brandon T. Grinsted Follow this and additional works at: https://digitalcommons.law.mercer.edu/jour_mlr Recommended Citation Grinsted, Brandon T. (2001) "United States v. Playboy Entertainment Group, Inc.: A Twenty-Four-Hour Safe Harbor for Sexually Explicit Programming," Mercer Law Review: Vol. 52 : No. 3 , Article 15. Available at: https://digitalcommons.law.mercer.edu/jour_mlr/vol52/iss3/15 This Casenote is brought to you for free and open access by the Journals at Mercer Law School Digital Commons. It has been accepted for inclusion in Mercer Law Review by an authorized editor of Mercer Law School Digital Commons. For more information, please contact [email protected]. Casenote United States v. Playboy Entertainment Group, Inc.: A Twenty-Four-Hour Safe Harbor for Sexually Explicit Programming In United States v. Playboy Entertainment Group, Inc.,' the Supreme Court reaffirmed the long-standing principal that the government has a compelling interest to protect minors from exposure to indecent material. However, the Court held that a federal statute2 restricting transmission of cable television channels dedicated to sexually explicit programming violated the First Amendment3 because the government failed to prove that the restriction was the least restrictive means of addressing a real problem.4 1. 529 U.S. 803 (2000). 2. Section 505 of the Telecommunications Act of 1996, 47 U.S.C. § 561 (Supp. III 1997). 3. -
Creating Inclusive Workplaces for LGBT Employees in India
"In a time when India is seeing a lot of positive changes that will shape the future of its LGBTQ citizens, Community Business has come out with a splendid guide which is not only comprehensive, but also deals with issues that are very specific to India in a well researched manner. Today, in 2012, it is very essential for corporates based in India to come out of the illusion that they have no LGBTQ employees on board, and create a positive environment for them to come out in. I definitely suggest every Corporate HR, Talent Acquisition, and D&I team should read the 'Creating Inclusive Workplaces for LGBT Employees in India' resource guide while shaping policies that help create a more inclusive and supportive work environment for all.” Tushar M, Operations Head (India) Equal India Alliance For more information on Equal India Alliance go to: www.equalindiaalliance.org Creating Inclusive “The business case for LGBT inclusion in India is real and gaining momentum. India plays an increasingly vital role in our global economy. Creating safe and equal workplaces is essential for both its LGBT employees and India’s continued Workplaces for economic success. Community Business’ LGBT Resource Guide for India provides an invaluable tool for businesses in India to stay competitive on the global stage – and be leaders for positive change there.” LGBT Employees Selisse Berry, Founding Executive Director Out & Equal Workplace Advocates For more information on Out & Equal Workplace Advocates go to: www.OutandEqual.org in India “Stonewall has been working for gay people’s equality since 1989. Our Diversity Champions programme works with the employers of over ten million people globally improving the working environment for LGB people. -
Sexual Liberation and Feminist Discourse in 1960S Playboy and Cosmopolitan
University of South Florida Scholar Commons Graduate Theses and Dissertations Graduate School 2011 Sexually Explicit, Socially Empowered: Sexual Liberation and Feminist Discourse in 1960s Playboy and Cosmopolitan Lina Salete Chaves University of South Florida, [email protected] Follow this and additional works at: https://scholarcommons.usf.edu/etd Part of the American Studies Commons, Feminist, Gender, and Sexuality Studies Commons, and the Sociology Commons Scholar Commons Citation Chaves, Lina Salete, "Sexually Explicit, Socially Empowered: Sexual Liberation and Feminist Discourse in 1960s Playboy and Cosmopolitan" (2011). Graduate Theses and Dissertations. https://scholarcommons.usf.edu/etd/3041 This Thesis is brought to you for free and open access by the Graduate School at Scholar Commons. It has been accepted for inclusion in Graduate Theses and Dissertations by an authorized administrator of Scholar Commons. For more information, please contact [email protected]. Sexually Explicit, Socially Empowered: Sexual Liberation and Feminist Discourse in 1960s Playboy and Cosmopolitan by Lina Salete Chaves A thesis submitted in partial fulfillment of the requirements for the degree of Master of Arts Department of Humanities and Cultural Studies College of Arts and Sciences University of South Florida Major Professor: Daniel M. Belgrad Ph.D. Robert E. Snyder Ph.D. Laurel Graham Ph.D. Date of Approval: September 22, 2011 Keywords: individualism, consumerism, careerism, sexuality, feminism Copyright © 2011, Lina Salete Chaves Table -
Buckminster Fuller Playboy Interview
Buckminster Fuller the Playboy interview February 1972 a cesc publication Buckminster Fuller - the 1972 Playboy Interview ©1972 Playboy cesc publications, P.O. Box 232, Totnes, Devon TQ9 9DD England Page 2 of 19 Buckminster Fuller - the 1972 Playboy Interview ©1972 Playboy a candid conversation with the visionary architect/inventor/philosopher R. BUCKMINSTER FULLER PLAYBOY: Is there a single statement you could make than the others and that makes him a challenge to the that would express the spirit of your philosophy? speediest and most powerful, and there’s a fight between the two and the one wins disseminates the FULLER: I always try to point one thing out: if we do species. The others can just go hump.’ more with less, our resources are adequate to take care of everybody. All political systems are founded Imagine how this happened with man - man in great on the premise that the opposite is true. We’ve been ignorance, born with hunger, born with the need to assuming all along that failure was certain, that our regenerate, not knowing whether or not he’ll survive. universe was running down and it was strictly you or He begins by observing that the people who eat roots me, kill or be killed as long as it lasted. But now, in and berries very often get poisoned by them, and he our century, we’ve discovered that man can be a sees that the animals that don’t eat those things don’t success on his planet, and this is the great change that get poisoned.