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Violence As Obscenity - Limiting the Media's First Amendment Protection (Paperback, New)
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Violence As Obscenity - Limiting the Media's First Amendment Protection (Paperback, New)
Series: Constitutional Conflicts
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Total price: R841
Discovery Miles: 8 410
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This timely and accessible volume takes a fresh approach to a
question of increasing public concern: whether or not the federal
government should regulate media violence. In Violence as
Obscenity, Kevin W. Saunders boldly calls into question the
assumption that violent material is protected by the First
Amendment. Citing a recognized exception to the First Amendment
that allows for the regulation of obscene material, he seeks to
expand the definition of obscenity to include explicit and
offensive depictions of violence. Saunders examines the public
debate on media violence, the arguments of professional and public
interest groups urging governmental action, and the media and the
ACLU's desire for self-regulation. Citing research that links
violence in the media to actual violence, Saunders argues that a
present danger to public safety may be reduced by invoking the
existing law on obscenity. Reviewing the justifications of that
law, he finds that not only is the legal history relied on by the
Supreme Court inadequate to distinguish violence from sex, but also
many of the justifications apply more forcefully to instances of
violence than to sexually explicit material that has been ruled
obscene. Saunders also examines the actions that Congress, states,
and municipalities have taken to regulate media violence as well as
the legal limitations imposed on such regulations by the First
Amendment protections given to speech and the press. In discussing
the current operation of the obscenity exception and confronting
the issue of censorship, he advocates adapting to the regulation of
violent material the doctrine of variable obscenity, which applies
a different standard for material aimed at youth, and the doctrine
of indecency, which allows for federal regulation of broadcast
material. Cogently and passionately argued, Violence as Obscenity
will attract scholars of American constitutional law and mass
communication, and general readers moved by current debates about
media violence, regulation, and censorship.
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