As with most of our societal problems it began with Court decisions:
"United States v. One Book Called Ulysses was a December 6, 1933 decision by the United States District Court for the Southern District of New York in a case dealing with freedom of expression. At issue was whether James Joyce's novel Ulysses was obscene. In deciding it was not, Judge John M. Woolsey opened the door to importation and publication of serious works of literature that used coarse language or involved sexual subjects."
The Supreme Court put the nail in the coffin of domestic morality with this ruling:
The Miller test was developed in the 1973 case Miller v. California.[2] It has three parts:
Whether "the average person, applying contemporary community standards", would find that the work, taken as a whole, appeals to the prurient interest,
Whether the work depicts or describes, in a patently offensive way, sexual conduct or excretory functions[3] specifically defined by applicable state law,
Whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.[4]
The work is considered obscene only if all three conditions are satisfied.
The first two prongs of the Miller test are held to the standards of the community, and the last prong is held to what is reasonable to a person of the United States as a whole. The national reasonable person standard of the third prong acts as a check on the community standard of the first two prongs, allowing protection for works that in a certain community might be considered obscene but on a national level might have redeeming value.
For legal scholars, several issues are important. One is that the test allows for community standards rather than a national standard. What offends the average person in Manhattan, Kansas, may differ from what offends the average person in Manhattan, New York.[5] The relevant community, however, is not defined.
Another important issue is that the Miller Test asks for an interpretation of what the "average" person finds offensive, rather than what the more sensitive persons in the community are offended by, as obscenity was defined by the previous test, the Hicklin test, stemming from the English precedent.
In practice, pornography showing g*****lia and sexual acts is not ipso facto obscene according to the Miller test. For instance, in 2000, a jury in Provo, Utah, took only a few minutes to clear Larry Peterman, owner of a Movie Buffs video store, in Utah County, Utah, a region which had often boasted of being one of the most conservative areas in the United States. Researchers had shown that guests at the local Marr**tt Hotel were disproportionately large consumers of pay-per-view pornographic material, accessing far more material than the store was distributing.[6]"
The third point "artistic merit" has subsequently been used to justify any perversion and filth that someone wanted to perpetrate. George Carlin made a career out of extolling the seven words which could not be uttered on Television or any broadcast media. He then proceeded to orally list all of the words and his routine was a putdown of alleged hypocrisy. Scorn, sneering, and contumely were used to destroy morality and debase the public, which then became inured to such egregious behavior, done under the aegis of "entertainment". Performers like Lenny Bruce and Shecky Greene made foul-mouthed dissertations their stock in trade and the glitterati applauded. Free speech -- Free Speech, it is art! The rest of the fools in this nation, in aping their idols, accepted and applauded what was garbage.
We went downhill to describing pornography as soft-core and hard-core as though there is any essential difference. This has progressed to the point that most TV programs and commercials are soft-core pornography and migrating to hard-core. What an enormous difference from the early days when a husband and wife could not be shown together in bed to the current mores where two homosexuals are shown together in bed.
Crude, earthy language has always been with us but in removing the oppression on such language we have let the Genie out of the bottle and like most Genies, wh**ever we wished for rebounds to our harm.
As with most of our societal problems it began wit... (
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