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Arbitrary Censorship:
An Analysis of Changes in Obscenity Law Due to
Entertainment and Media
By: Zach Swoboda
Analysis of Law Changes
● Courts typically side in favor of sides looking to expand and grow
acceptable values for non-obscenity
● Our language has become more lax in media (ex I Love Lucy - South Park)
Recent Case Law
● 2017, Am. Entertainers, L.L.C. v. City of Rocky Mount - Prosecution believe
defendants business is obscene due to employees wearing revealing
clothing/swimwear - Case decided in favor of Defendant
● 2011, Brown v Entertainment Merchants Association - Prosecution believed
defendant was not complying with new California Laws on coverings and
sales of “obscene” media - Case decided in favor of Defendant
Case Reviews
● Jennifer Kinsley (2015)
○ Main Argument: Media and how consumers determine obscene media is changing, and
becoming more open, free, and nonrestrictive for creators of media
● Alan Wilcox (2011)
○ Main Argument: Restriction or censorship of certain violent or obscene subjects and actions
in videogames may be to benefit youth and those developing with these pieces of media
● Federal Trade Commission (2000)
○ Main Argument: while the self-regulations in media industries help keep youth from
experiencing inappropriate media, the advertisements for said media are generally targeted
toward those of lower age than the media’s target demographic.
Real World Effects of Unnecessary Censorship
● The Motion Pictures Association of America
○ This Film Is Not Yet Rated – Expose film on the terrible practices conducted by the
association over their ratings values and their arbitrary nature
○ Little to no consistency on point values given to films during ratings process, over
valueation of light sexual activity vs low valuation of graphic violence
○ Seemingly unfair towards positive portrayals of the LGBT community, and litle regard
toward films that demean and insult LGBT values/ways of life
Conclusion
● Media freedoms in relation to
subjects seen as “obscene” is
growing and expanding
● Censorship is typically an
unpopular, unnecessary, or
impossible action
● Media producers do what they
can to ensure the safety and
well mindedness of their
consumers while also ensuring
they can be free to create and
publish their works without
undo interference.

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Arbitrary Censorship: An Analysis of Changes in Obscenity Law Due to Entertainment and Media

  • 1. Arbitrary Censorship: An Analysis of Changes in Obscenity Law Due to Entertainment and Media By: Zach Swoboda
  • 2. Analysis of Law Changes ● Courts typically side in favor of sides looking to expand and grow acceptable values for non-obscenity ● Our language has become more lax in media (ex I Love Lucy - South Park)
  • 3. Recent Case Law ● 2017, Am. Entertainers, L.L.C. v. City of Rocky Mount - Prosecution believe defendants business is obscene due to employees wearing revealing clothing/swimwear - Case decided in favor of Defendant ● 2011, Brown v Entertainment Merchants Association - Prosecution believed defendant was not complying with new California Laws on coverings and sales of “obscene” media - Case decided in favor of Defendant
  • 4. Case Reviews ● Jennifer Kinsley (2015) ○ Main Argument: Media and how consumers determine obscene media is changing, and becoming more open, free, and nonrestrictive for creators of media ● Alan Wilcox (2011) ○ Main Argument: Restriction or censorship of certain violent or obscene subjects and actions in videogames may be to benefit youth and those developing with these pieces of media ● Federal Trade Commission (2000) ○ Main Argument: while the self-regulations in media industries help keep youth from experiencing inappropriate media, the advertisements for said media are generally targeted toward those of lower age than the media’s target demographic.
  • 5. Real World Effects of Unnecessary Censorship ● The Motion Pictures Association of America ○ This Film Is Not Yet Rated – Expose film on the terrible practices conducted by the association over their ratings values and their arbitrary nature ○ Little to no consistency on point values given to films during ratings process, over valueation of light sexual activity vs low valuation of graphic violence ○ Seemingly unfair towards positive portrayals of the LGBT community, and litle regard toward films that demean and insult LGBT values/ways of life
  • 6. Conclusion ● Media freedoms in relation to subjects seen as “obscene” is growing and expanding ● Censorship is typically an unpopular, unnecessary, or impossible action ● Media producers do what they can to ensure the safety and well mindedness of their consumers while also ensuring they can be free to create and publish their works without undo interference.