Scalia: "Every small town in America must “tolerate the existence of a porn shop.”"

Almighty Colin · 09-26-2005

http://www.xbiz.com/news_piece.php?id=10466

NEW YORK — U.S. Supreme Court Justice Antonin Scalia said Thursday there is clearly a difference between pornography and obscenity, but that it will never be clear what exactly that difference is, highlighting the backbone of a legal ambiguity that pervades the adult entertainment industry and also, according to Scalia, essentially guarantees its protection.

Scalia was speaking at a symposium on the arts hosted by the Juilliard School when he made the remark, harkening back to the famous quote from Justice Potter Stewart in 1964 that said he wouldn’t attempt to define pornography but he knew it when he saw it.

“The line between protected pornography and unprotected obscenity lies between appealing to a good healthy interest in sex and appealing to a depraved interest, whatever that means,” Scalia said, clarifying his own difficulty with interpreting the law.

But Scalia said the end result is that every small town in America must “tolerate the existence of a porn shop.”

Scalia went on to say that there are times when the government’s control over pornographic content is absolute, specifically when “art” is funded through government institutions such as the National Endowment for the Arts.

Referencing controversial homoerotic photographs by Robert Mapplethorpe and Andres Serrano’s “Piss Christ,” which shows a crucifix in a vat of urine, Scalia said the government couldn’t be accused of censorship if it decides to pull the plug on art that it is in effect paying for.

“The First Amendment has not repealed the ancient rule of life, that he who pays the piper calls the tune,'' Scalia said.

The NEA was created in 1965 to subsidize artists, but has met with the contention of many conservatives who argue that it finances obscenity.

“I can truly understand the discomfort with government making artistic choices, but the only remedy is to get government out of funding,” he said.

Shortly after Serrano published his controversial photographs, Congress passed a law that required the NEA to consider decency when it funded art programs. The law was challenged in 1998 but the Supreme Court ruled the government could employ a “decency standard” for funding.

Dravyk · 09-26-2005

Quote:

Originally Posted by Almighty Colin

But Scalia said the end result is that every small town in America must “tolerate the existence of a porn shop.”

A porn shop in every town and a chicken in every pot!!

God Bless America!

... until the time when we're not allowed to say that.

TheEnforcer · 09-26-2005

"tolerate" a porn shop. What's funny is in most towns a great many more people than one would suspect go to those shops and it is often an extremely vocal and active minority that is willing to turn out and put pressure on politicians that cause the problems with zoning and other such stuff.

MorganGrayson · 09-26-2005

Quote:

Originally Posted by TheEnforcer

"tolerate" a porn shop. What's funny is in most towns a great many more people than one would suspect go to those shops and it is often an extremely vocal and active minority that is willing to turn out and put pressure on politicians that cause the problems with zoning and other such stuff.

I live in San Diego County. A big place. No, a *huge* place. Thusly, lots of business. However, I'm unfamiliar with the concept of "tolerating" a business. I have places I shop and places at which I do not shop. Personally - and perhaps this is because I personally have a high irritation threshold - if there is a shop in town that offends one, I suggest one not shop there. If it offends one that damned much, perhaps even change one's driving route so that you don't have to pass it. (Although most porn shops locally don't look like much from the outside. You'd have to know what they are to know what they are...to create a stupid sentence.)

OK...not within so many feet/yards/whatever from schools, day care centers, churches...AS LONG as the same laws apply to liquor stores, etc. (Otherwise, it's singling out one business for "punishment," which is perilously close to unconstitutional. [If my memory of school is accurate, something in the Constitution says "no law may be passed against one specific individual" or something like that. It can be interpreted as "type of business," if the Supreme Court had its shit together...and yes, I'm asleep and dreaming as I type this.])

There will *never* be an applicable definition of "obscenity." It's as subjective as the word "art."

Biggy · 09-26-2005

that remark puts some comfort in my heart...

09-26-2005	#1
Almighty Colin Members Want to see your own Advertising Here! Join Date: Oct 2002 Posts: 8,059	Scalia: "Every small town in America must “tolerate the existence of a porn shop.”" http://www.xbiz.com/news_piece.php?id=10466 NEW YORK — U.S. Supreme Court Justice Antonin Scalia said Thursday there is clearly a difference between pornography and obscenity, but that it will never be clear what exactly that difference is, highlighting the backbone of a legal ambiguity that pervades the adult entertainment industry and also, according to Scalia, essentially guarantees its protection. Scalia was speaking at a symposium on the arts hosted by the Juilliard School when he made the remark, harkening back to the famous quote from Justice Potter Stewart in 1964 that said he wouldn’t attempt to define pornography but he knew it when he saw it. “The line between protected pornography and unprotected obscenity lies between appealing to a good healthy interest in sex and appealing to a depraved interest, whatever that means,” Scalia said, clarifying his own difficulty with interpreting the law. But Scalia said the end result is that every small town in America must “tolerate the existence of a porn shop.” Scalia went on to say that there are times when the government’s control over pornographic content is absolute, specifically when “art” is funded through government institutions such as the National Endowment for the Arts. Referencing controversial homoerotic photographs by Robert Mapplethorpe and Andres Serrano’s “Piss Christ,” which shows a crucifix in a vat of urine, Scalia said the government couldn’t be accused of censorship if it decides to pull the plug on art that it is in effect paying for. “The First Amendment has not repealed the ancient rule of life, that he who pays the piper calls the tune,'' Scalia said. The NEA was created in 1965 to subsidize artists, but has met with the contention of many conservatives who argue that it finances obscenity. “I can truly understand the discomfort with government making artistic choices, but the only remedy is to get government out of funding,” he said. Shortly after Serrano published his controversial photographs, Congress passed a law that required the NEA to consider decency when it funded art programs. The law was challenged in 1998 but the Supreme Court ruled the government could employ a “decency standard” for funding. __________________ Almighty Content. Your one stop for live content. Secret Friends, LATINA Secret Friends , My Cam Friends

09-26-2005	#3
TheEnforcer Scored VIP to Anton's Piss Tank Want to see your own Advertising Here! Join Date: Oct 2002 Posts: 8,781	Re: Scalia: "Every small town in America must “tolerate the existence of a porn shop.”" "tolerate" a porn shop. What's funny is in most towns a great many more people than one would suspect go to those shops and it is often an extremely vocal and active minority that is willing to turn out and put pressure on politicians that cause the problems with zoning and other such stuff.

09-26-2005	#5
Biggy Members Join Date: Jul 2003 Posts: 768	Re: Scalia: "Every small town in America must “tolerate the existence of a porn shop.”" that remark puts some comfort in my heart... __________________ Create a solid TGP presence for your site(s). ICQ: 110850739