View Single Post
Old 07-27-2011, 09:42 AM   #75
Andrew H.
Grand Master of Flowers
Andrew H. ought to be getting tired of karma fortunes by now.Andrew H. ought to be getting tired of karma fortunes by now.Andrew H. ought to be getting tired of karma fortunes by now.Andrew H. ought to be getting tired of karma fortunes by now.Andrew H. ought to be getting tired of karma fortunes by now.Andrew H. ought to be getting tired of karma fortunes by now.Andrew H. ought to be getting tired of karma fortunes by now.Andrew H. ought to be getting tired of karma fortunes by now.Andrew H. ought to be getting tired of karma fortunes by now.Andrew H. ought to be getting tired of karma fortunes by now.Andrew H. ought to be getting tired of karma fortunes by now.
 
Posts: 2,201
Karma: 8389072
Join Date: Oct 2010
Location: Naptown
Device: Kindle PW, Kindle 3 (aka Keyboard), iPhone, iPad 3 (not for reading)
Quote:
Originally Posted by frquixote View Post
Community Standards absolutely apply to "Slaughterhouse Five" because of the book's explicit sexual scenes, the depiction of deviant sexual behaviors, violence, and obscene language. BTW, this is far from the first time that "Slaughterhouse Five" has been removed from schools. Google the phrase: Slaughterhouse Five banned.


There is nothing that prevents you from reading "Slaughterhouse Five," but you really have no right to tell others they must allow it in their schools when community standards classify it as pornographic. So says the Supreme Court.
You have *absolutely* no idea what you are talking about. Zero.

First of all, you can't ban a book because it is pornographic. Pornography is protected by the First Amendment. It is "obscenity" (think "Debbie Does Dallas") that is not protected. Playboy, Penthouse, etc. are protected by the First Amendment.

Second, the book must describe sexual conduct in a "patently offensive" way, and a way that is defined by state statute. The book has to be primarily designed to appeal to the prurient interest, not have the occasional sex scene. This is hard core pornography, not the occasional R-rated sex in S5. Again, think "Debbie Does Dallas."


Third, there has to be a finding that the book lacks literary, scientific, etc. merit. This is a ludicrous claim for S5, which is the subject of thousands (literally) of lit courses.

So, basically, if you have an example of "hard core" pornography, it can be banned based on community standards. But you don't get to go directly to "community standards" without passing go. (Also, you have to have a jury or judge to make the community standards determination).

Of course, the First Amendment isn't directly implicated in a school's decision what to carry in its library or teach in its classes; for First Amendment purposes, this book has not been "banned." Banning, for first Am purposes, requires some sort of govermental action to seize the works in question, or arrest the people who produced the work.
Andrew H. is offline