The U.S. Supreme Court defined obscenity in 1973 in a decision called Miller v. California by ...

1. Some have said that it is difficult to define obscenity, but they would know it when they
see it. Carefully consider the above definition of obscenity. Do you find this an adequate
definition? How would you modify or expand that definition? Does it accurately define
those things you consider obscenity, nothing more and nothing less?
2. J.S. Mill has said that he believes obscenity should be protected free speech. Using the
definition above, do you agree or disagree? Develop ethical arguments to support your
position.
3. Legal philosopher Catherine MacKinnon has urged that pornography should be
censored, as it encourages violence against women and thus causes real harm to
women. She was instrumental in encouraging the city of Indianapolis to pass an
ordinance banning all pornography with this rationale. The definition of pornography in
that ordinance started with the graphic sexually explicit subordination of women,
whether in pictures or in words, followed by a list of six things, at least one of which
must be included to count as pornography. The list included, e.g., Women are
presented as sexual objects who enjoy pain or humiliation. How does this definition of
pornography (which is protected free speech) differ from obscenity (which is not)? A
federal appeals court struck down the ordinance as a violation of the First Amendment
protection of free speech. Is this conclusion justifiable on ethical free speech grounds?
The degrading treatment of women can be considered a form of hate speech. Should
that override the free speech rights of pornographers?