Why the 1985 North Carolina Obscenity Law is Fundamentally Wrong

Date

1987

Authors

Loewy, Arnold H.

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Abstract

North Carolina's 1985 obscenity law goes to (if not beyond) the constitutional limit in prohibiting the dissemination of sexually explicit books and movies. The legislators' overriding philosophy towards sexually explicit material seems to be: "Forbid it if we can. Resolve all doubts in favor of suppression." Obviously, this is contrary to our approach towards other offensive literature. The ultimate solution to the obscenity problem is to retain, and when necessary enhance, constitutional legislation designed to protect our children, neighborhoods, and privacy. If more is needed, private citizens can engage in the constitutionally protected and thoroughly American practice of picketing or boycotting stores that sell material they do not like. Whatever else the State does, however, it ought to give up the thoroughly un-American practice of punishing people who transmit evil thoughts.

Description

Keywords

Obscenity, Constitutional law, First Amendment, Freedom of speech, Freedom of the press, North Carolina

Citation

65 N. C. L. Rev. 793