Enforcement of the obscenity laws is not censorship

Morality in Media receives many inquiries from the public about the word "censorship." The word "censorship" is, as syndicated columnist Thomas Sowell put it, the most misused word in the English language.

Censorship does exist in many countries, where newspapers and other media must first submit articles, books, films, etc., to a Government authority for approval before they can be published. With a few exceptions, (e.g., to protect national security in time of war) censorship is not practiced in the United States.

From a historical perspective, the word "censorship" means prior restraint of First Amendment rights by government. Enforcement of the Federal or State obscenity laws is NOT censorship because, first of all, the government is exercising no prior restraint on the pornographers. The porn purveyors are free to publish whatever they want, but if what they distribute or exhibit is obscene, they are, after the fact, subject to prosecution under the obscenity laws. As the Supreme Court said in Near v. Minnesota, 283 US 697 (1931):

"In the first place, the main purpose of such constitutional provisions [i.e., the First Amendment's freedom of speech and press provisions] is to prevent all such previous restraints upon publication as had been practiced by other governments, and they do not prevent the subsequent punishment of such as may be deemed contrary to the public welfare."

Second, the U.S. Supreme Court has repeatedly held that obscenity is NOT a First Amendment right.As the Court said in California v. Milller, 413 US 15:

"This much has been settled categorically by the Court, that obscene material is not protected by the First Amendment"

Too many members of the public are misled into believing that the First Amendment's "free speech" liberties cover everything that is written, spoken, or pictured. Not true. Here's a short list of actions that can be punished "after the fact" without violating the First Amendment:

perjury
libel
contempt of court
false advertising and fraud
copyright and trademark infringement
inciting a riot
threats
sexual harassment
child pornography and obscenity

It is also important to remember that the First Amendment only restricts actions by the government, not by private citizens. A publisher, for example, has every right to choose which books to publish and which not to publish.

Here are some examples of what censorship is NOT:

Government enforcement of the obscenity laws
Citizens demonstrating in front of "adult" pornographic stores
People protesting the sex, violence, and vulgarity on television
Boycotts of stores that sell pornography
A video store choosing not to sell or rent pornographic videos
A newspaper refusing to permit ads for topless bars or "adult" theaters

We hope this explanation sets your mind straight. Don't hesitate to contact Morality in Media if you have any questions.