Gay Era (Lancaster, PA)
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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) -
February 16, 1973 University of Michigan Law School
University of Michigan Law School University of Michigan Law School Scholarship Repository Res Gestae Law School History and Publications 1973 February 16, 1973 University of Michigan Law School Follow this and additional works at: http://repository.law.umich.edu/res_gestae Part of the Legal Education Commons Recommended Citation University of Michigan Law School, "February 16, 1973" (1973). Res Gestae. Paper 703. http://repository.law.umich.edu/res_gestae/703 This Article is brought to you for free and open access by the Law School History and Publications at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Res Gestae by an authorized administrator of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. PRJ,CMARY PJWVIEW r - On February .19 Ann Arbor partisans will go to the polls to vote from.among their parti~s: hopefuls . those who will emerge as candJ.dates for the munJ.cJ.pal electJ.ons coming up this April. Res Gestae selected a few of the more interesting of these candidates for interviews which appear in this issue, Since balanced reporting has invariably been a hallmark of R.G. coverage, you will find that our staff went out of it-s -way ~th-i.s, - · time to seek diversity: the three candidates interviewed ·ate .j.i,.~ A R"Y: all from the same party. Two , however, are law students and ~he th~rd is a woman running for may<;>r, so we at least gQt; ~~m~3 73 news. We also want to make one thJ.ng perfectly clear: the inclusion of any candidate in this . -
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. -
Screw" Collection Finding Aid & Guide
Sexual Representation Collection Will Sloan "Screw" Collection Finding Aid & Guide Will Sloan "Screw" Collection Sexual Representation Collection Mark S. Bonham Centre for Sexual Diversity Studies University College, University of Toronto Accession Number 2013.001 Dates 1974-1978 Extent 26 magazines; incomplete selection of issues published between 1976-1978 Source of Acquisition Donated to the Sexual Representation Collection by Will Sloan from his private collection in 2013. Arrangement & Housing TBD Finding Aids • Inventory spreadsheet (arranged by date) Related Material • Playboy Magazine Collection • Sex TV: erotic comic books . Restrictions on Access No restrictions on access. Format • Newsprint, 47-55 pages • 10 pages of classified ads • Paid advertisement appears throughout • Explicit pornographic B&W photo on the inside cover of each issue • Most issues include a pornographic centerfold spread Printed by Lisa Kadey - July 2014 Page I of! I Sexual Representation Collection Will Sloan "Screw" Collection Finding Aid & Guide Potential Areas of Interest for Researchers • Sex work, live sex shows, massage parlours • Obscenity trials in the US/Britain • Erotic comics/crossover between erotic and mainstream comic artists • History of the publication of erotic literature in the U.S. • 1970s racial politics • 1970s LGBT politics • Fetishes • BDSM Demographic The magazine was primarily aimed at straight men, although the content of some classified ads suggest that there was also a small female and gay male readership. Though the magazine was distributed nationally, much of the content, including news items and event reviews, was more directly relevant to New York readers. The majority of the writers and artists who published in Screw were male. Background Information Screw Magazine was a humorous pornographic magazine that published articles, photography, and comics, about sex. -
Art Spiegelman's Experiments in Pornography
ORE Open Research Exeter TITLE Art Spiegelman’s ‘Little Signs of Passion’ and the Emergence of Hard-Core Pornographic Feature Film AUTHORS Williams, PG JOURNAL Textual Practice DEPOSITED IN ORE 20 August 2018 This version available at http://hdl.handle.net/10871/33778 COPYRIGHT AND REUSE Open Research Exeter makes this work available in accordance with publisher policies. A NOTE ON VERSIONS The version presented here may differ from the published version. If citing, you are advised to consult the published version for pagination, volume/issue and date of publication Art Spiegelman’s ‘Little Signs of Passion’ and the emergence of hard-core pornographic feature film Paul Williams In 1973 Bob Schneider and the underground comix1 creator Art Spiegelman compiled Whole Grains: A Book of Quotations. One of the aphorisms included in their book came from D. H. Lawrence: ‘What is pornography to one man is the laughter of genius to another’.2 Taking a cue from this I will explore how Spiegelman’s comic ‘Little Signs of Passion’ (1974) turned sexually explicit subject matter into an exuberant narratological experiment. This three-page text begins by juxtaposing romance comics against hard-core pornography,3 the former appearing predictable and artificial, the latter raw and shocking, but this initial contrast breaks down; rebutting the defenders of pornography who argued that it represented a welcome liberation from repressive sexual morality, ‘Little Signs of Passion’ reveals how hard-core filmmakers turned fellatio and the so-called money shot (a close-up of visible penile ejaculation) into standardised narrative conventions yielding lucrative returns at the box office. -
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. -
Tag Sale — Free
V ' 14 — MANCHESTER HERALD. Thursday. May 1, 1986 SPORTS FOCUS CLASSIFIED ADVERTISING 643-2711 MANCHESTER Challenger visits Red Sox hurlers Houseman likes TV/STEREO/ B0AT8/MARINE IMISCELLANEDUS I MISCELLANEOUS Automotive |g jJC A R S CARS schoois, stores continue to shine the theater best APPLIANCES I EQUIPMENT I FOR SALE FOR SALE TAG SALES FOR SALE FOR SALE N . p a g e 3 ...p a g e 9 ... page 13 Jenn-AIr* electric stove 16 foot Mad River canoe, Reel Type Mower, self Tag Sale - Corner Stone & CARS and oven with accesso 30 Inch gas stove, dining Edmund. Friday May 2 paddles Included. Used propellt^. Hahn Eclipse, buffet, kenmore washer, ries. Black glass front four times. Excellent con 10-2. Saturday May 3rd FOR SALE , 19” roller bearings, and PIrie hutch. 646-7809. 1984 Reliant station wagon door.excellent working dition. $ m . Please call Briggs engine, cast Iron 9-3. Rain or Shine. Hondo Civic 1978.4-speed, condition. $300 or best 643-4942 after 6pm or 647- front wheel drive, 1200cc - 32,000 miles. Air condi frame. Very good condi tioner, power stiierlno, offer. 647-76S3, 646-3929. 9946 8:30 ^ 5:30. Ask for tion. $125. 649-1724. engine, tires good, body Bob. very good, needs some stereo, luoyoge rock, For Sale - G. Fox 16 cubic 68 Pontiac Firebird, 350 engine work. 78,000 mites. cloth, charcoal grey. foot 4iprlght freezer. Ex Hundreds of readers turn automatic, new exhaust, $650. 742-7463 after 6pm. $5,150. 649-5474. cellent condition. $100 I MUSICAL to Classified every day Quality Tag Sale - Union Congre $800 or best offer. -
Merchants Of
Introduction The Jews never faced much anti-Semitism in America. This is due, in large part, to the underlying ideologies it was founded on; namely, universalistic interpretations of Christianity and Enlightenment ideals of freedom, equality and opportunity for all. These principles, which were arguably created with noble intent – and based on the values inherent in a society of European-descended peoples of high moral character – crippled the defenses of the individualistic-minded White natives and gave the Jews free reign to consolidate power at a rather alarming rate, virtually unchecked. The Jews began emigrating to the United States in waves around 1880, when their population was only about 250,000. Within a decade that number was nearly double, and by the 1930s it had shot to 3 to 4 million. Many of these immigrants – if not most – were Eastern European Jews of the nastiest sort, and they immediately became vastly overrepresented among criminals and subversives. A 1908 police commissioner report shows that while the Jews made up only a quarter of the population of New York City at that time, they were responsible for 50% of its crime. Land of the free. One of their more common criminal activities has always been the sale and promotion of pornography and smut. Two quotes should suffice in backing up this assertion, one from an anti-Semite, and one from a Jew. Firstly, an early opponent of the Jews in America, Greek scholar T.T. Timayenis, wrote in his 1888 book The Original Mr. Jacobs that nearly “all obscene publications are the work of the Jews,” and that the historian of the future who shall attempt to describe the catalogue of the filthy publications issued by the Jews during the last ten years will scarcely believe the evidence of his own eyes. -
Forced Entry 30Th November 2015
Forced Entry th 30 November 2015 Acknowledgements I would like to thank Shaun Costello for taking time to answer my questions, and Martin Brooks, Oliver Carter, and Tony Richards for their valuable suggestions. ‘There is no better way to know death than to link it through some licentious image’ The Marquis De Sade (Quoted in Bataille 1986: 11) Forced Entry (Shaun Costello, 1972) is a sexually violent feature film which blurs perceptions of 1970s American hardcore cinema as a ‘golden age’ of creative ambition, commercial possibility and broader mainstream acceptance, a phenomenon that has been identified most resonantly as ‘porno chic’. This term originated in Ralph Blumenthal’s (1973) New York Times article bearing the same name, and soon entered into discussions on pornography’s role within that decade’s liberal trends of morality and sexuality, before achieving later ubiquity in various inquiries into porn’s 21st century cultural status (See McNair 2012). This was prompted by the succès de scandale of Deep Throat (Gerard Damiano, 1972), Behind The Green Door (Artie and Jim Mitchell, 1972), The Resurrection of Eve (Jon Fontana and Artie Mitchell, 1973) and The Devil in Miss Jones (Gerard Damiano, 1973). All of these films were male authored, but dealt in some way with both the potential and the limitations of a female protagonist’s sexual assertion relative to masculine primacy, in scenarios which were either conventionally dramatic, comedic or even steeped in the supernatural. However, in Forced Entry, not only is the film male authored, but its point of view is channelled through a psychologically disturbed Vietnam war veteran - now a New York gas station attendant - who stalks selected female customers before raping and murdering them in their homes, seemingly as a punishment for sexual assertiveness and social independence which threaten his fragile claims to masculine authority. -
The Golden Age of Porn: Nostalgia and History in Cinema Susanna Paasonen and Laura Saarenmaa
Pornification 19/7/07 10:56 am Page 23 –2– The Golden Age of Porn: Nostalgia and History in Cinema Susanna Paasonen and Laura Saarenmaa The mainstreaming of pornography is indebted to the success of feature-length hardcore films of the 1970s. Shot on 35 mm film, productions such as Deep Throat (1972), Behind the Green Door (1972), The Devil in Miss Jones (1973), The Opening of Misty Beethoven (1976) and Debbie Does Dallas (1978) were widely screened both in the USA and internationally. These films have since been estab- lished as classics (Buscombe 2004: 30) and milestones in both scholarly and popular porn historiographies. While some identify the so-called ‘golden age of porn’ through North American legislation and as ranging from 1957 from 1973 (Lane 2000: 22–3), it was in the 1970s and early 1980s that porn shifted towards the mainstream. In a trend titled by the New York Times as porno chic, pornography became fashionable, gained mainstream publicity and popularity (McNair 2002: 62–3; Schaefer 2004: 371; Wyatt 1999). During the past decade, this golden age has been reminisced in films such as People Vs. Larry Flynt (1996), Boogie Nights (1997) and Rated X (2000), numerous documentaries – including the critically acclaimed Inside Deep Throat (2005) – and books.1 This body of popular porn historiography depicts the decade as one of quality films with real stories, personal performers and talented directors, in contrast to the 1980s of video distribution, inflation of the porn industry, rise of AIDS and conservative backlash. With notable exceptions such as the French Le pornographe (2001) and the Spanish–Danish co-production Torremolinos 73 (2003), European histories have not been reminisced to the same degree. -
Murder, Media, and Mayhem: the Metamorphosis of California Murder Cases to International Media Sensations
Murder, Media, and Mayhem: The Metamorphosis of California Murder Cases to International Media Sensations By: Olivia Cusimano Advisor: Richard Perry Undergraduate Legal Studies Honors Thesis University of California, Berkeley 1 “Sometimes the power of the media, the power of the movie, can be very subtle and great.” -James Blatt, Attorney for Jesse James Hollywood I would like to take a moment to thank all those who helped me take an idea grown while watching Investigation Discovery on the couch and develop it into this project. From the initial guidance of Professor Musheno and Christina Carbone to the astute guidance of my advisor, Professor Perry, I am forever thankful. My family, too, has supported me mentally and even intellectually. To my Aunt Diane, I owe you so much for your direction and insight. I never would have parsed out a coherent thesis without our conversations at The Natural Café. Additionally, a never-ending thanks to those who supported me, made sure I didn’t give up, and listened to my unending laments without disowning me: Kent, Mike, Brendan, Safeena, Dani the entire Student Advocate’s Office, and everyone else who spent any iota of time listening to my laments. 2 Table of Contents I. Abstract……………………………………………………………………...…….4 II. Introduction……………………………………………………………………...5 III. Literature Review………………………………………………………………6 IV. Methodology…………………………………………………………………...17 V. Findings and Analysis………………………………………………………….21 i. Charles Manson………………………………………………………... ii. Scott Peterson…………………………………………………………… iii. Jesse James Hollywood………………………………………………… VI. Synthesis and Limitations…………………………………………………….. VII. Conclusions…………………………………………………………………….. VII. Works Cited…………………………………………………………………….. 3 I. Abstract This project seeks to explore how and why certain cases are sensationalized, by tracing the movement of the cases through various media outlets.