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The censorship of the music art and literature by the government

In addition to shoring up democratic principles and ensuring freedom of faith, the First Amendment has nurtured the arts, arguably the most vibrant and diverse in the world. Although the First Amendment refers specifically to the freedoms of speech and press, it in fact encompasses a wide range of expression beyond publications and the spoken word.

All art forms — including plays, music, dance, film, literature, poetry and the visual arts — enjoy considerable First Amendment protection.

Of course, the First Amendment only protects against government restriction of artistic expression. It does not apply to the actions of private citizens or businesses. While government may not shut down an art gallery because it disagrees with the viewpoint reflected in a painting, an art gallery owner can always decline to display a piece of art.

While government may not ban a compact disc because it is offended by the sentiments expressed in a song, a corporation like Wal-Mart can choose not to sell CDs with parental advisory labels. In analyzing cases involving the First Amendment and the arts, courts focus on the nature of the speech.

A painting lampooning the president of the United States, for example, would be regarded as political speech and enjoy substantial protection from government encroachment.

Censorship and Government Regulation of Music

Similarly, art that conveys specific ideas through written or spoken words are highly protected forms of expression. In theory, visual arts of a more abstract nature would enjoy less First Amendment protection.

  • This practice became known in the early 2000s as privishing private publishing;
  • The denial of freedom of speech or freedom of the press;
  • He did not rule out some form of community control in order to protect young people;
  • A painting, for example, enjoys greater protection than handmade jewelry.

The greater the expressive content of the work, the greater the likelihood of constitutional protection. A painting, for example, enjoys greater protection than handmade jewelry.

  1. In this controversy, many people who are for censorship say that there should be censorship in music because lyrics from songs are telling youth that participating in illegal actions such as murder, rape or drugs is acceptable.
  2. No mass medium escaped Glavlit's control. Nobody has the right to tell someone what he or she are and are not allowed to see or hear.
  3. In modern times, censorship refers to the examination of media including books, periodicals, plays, motion pictures, and television and radio programs for the purpose of altering or suppressing parts thought to be offensive.
  4. King and his researchers were able to predict when certain officials would be removed based on the number of unfavorable social media posts. The use of the state and other legal or official means to restrict speech.
  5. In this sense, every lawful authority, whose duty it is to protect its subjects from the ravages of a pernicious press, has the right of exercising censorship of books. They believe the content of the music cannot exhibit the civilization of our society.

Again, artwork or performance with clearly expressive content will be accorded the most weight in that balancing test. A nude performer in a touring company of Hair is accorded greater protection than a topless dancer in a bar. In assessing the scope of First Amendment protection for the arts, courts have had to grapple with a number of fundamental issues.

Is art protected by the First Amendment even if its primary purpose is to make money? Does the First Amendment apply if the art has a negative influence on young people? Wilson illustrates how the Court has grappled with these issues. This case explored whether the First Amendment prevents the prior restraint of motion pictures. From the earliest days of film, there had been government efforts to censor it. The first state censorship board was formed in Pennsylvania in 1911, with Ohio and Kansas adopting similar boards in 1913.

In 1915, the U.


Supreme Court reviewed the Ohio law giving government the right to censor films. As the Court wrote in Mutual Film Corp. Industrial Commission of Ohio: They are mere representations of events, of ideas and sentiments published or known.

All of that changed, however, in 1952. In its 9-0 decision in Burstyn, the U. The girl becomes pregnant, and in her deluded state concludes that the man was in fact a saint and that the imminent birth is a miracle.

  • This most notably occurs in China , where social media posts are automatically censored depending on content;
  • The definition of marketing to minors was very broad.

Initially the New York Board of Regents granted a license to the film but withdrew the approval after angry protests from the Catholic Church.

Everyone is familiar with instances of propaganda through fiction. Justice Clark observed that the First Amendment protects books, newspapers and magazines, most of which are published for profit.

He did not rule out some form of community control in order to protect young people. With this ruling, the Supreme Court put American movies on the same footing as books and newspapers. It wiped out the system of prior restraint that had governed the film industry for decades. Despite this growing body of law, however, controversies and legal battles over art continue.

Many involve politics; some represent alternate approaches to regulating content. Some involve provocative art; others involve businesses and the assertion of property rights: Many high visibility battles involve government expenditures for the arts. In the early 1990s, the National Endowment for the Arts was criticized for funding work by Andres Serrano and Robert Mapplethorpe, two controversial artists. Supreme Court ruled in NEA v. This typically occurs when government has invested public funds in an art museum, but later objects to the art on display.

He was particularly offended by a painting of the Virgin Mary which incorporated elephant dung, a ceremonial technique used by artist Chris Ofili. The city demanded that the art museum cancel the show. The money had been budgeted for general support of the museum.

District Judge Nina Gershon ordered the funding reinstated, finding that the city had violated the First Amendment. City of New York. To be clear, government always has the option not to fund art. Once it does, however, it cannot use its government power to restrict art that may be regarded as offensive, but which does not meet the legal test for obscenity.

Against Censorship in Music Essay

Today, music-censorship issues are more frequently found in the private sector. After Congressional hearings in the 1980s helped spur parental advisory labels, some major retailers have used the advisories as a litmus test in order to decide whether to carry certain products. Some retailers refuse to carry CDs with parental advisory warnings.

This has the unfortunate effect of punishing those who are making a conscious decision to alert parents about potentially questionable content. While government is restricted in its ability to censor art and popular culture, there have been increasing attempts to address content through restrictions on marketing.

Plato on censoring artists — a summary

The definition of marketing to minors was very broad. The Founding Fathers encouraged creativity with a constitutional guarantee of copyright protection. Corporations that make money from creative works have a strong self-interest in keeping their content out of the public domain. This, in itself, is not a violation of the First Amendment. Both copyright and freedom of speech are guaranteed in the Constitution and courts have found ways to reconcile them over the years.

The challenge to an artist, however, is knowing when he or she can make fair use of copyrighted material as part of the artistic process. The company alleged that Barbie fans would be confused and believe the song was an authorized product.

  1. Once it does, however, it cannot use its government power to restrict art that may be regarded as offensive, but which does not meet the legal test for obscenity. In analyzing cases involving the First Amendment and the arts, courts focus on the nature of the speech.
  2. In 1915, the U. Art is something that the viewer or listener observes and interprets himself or herself.
  3. Supreme Court ruled in NEA v.
  4. Surveillance can be performed without censorship, but it is harder to engage in censorship without some form of surveillance. The law tells me that obscenity may deprave and corrupt, but as far as I know, it offers no definition of depravity or corruption.
  5. The offensive material may be considered immoral or obscene, heretical or blasphemous, seditious or treasonable, or injurious to the national security.

MCA responded that the song would not confuse consumers and that it was satire protected by the First Amendment. The judge did not believe that consumers would be confused about the nature of the product.

The suit, Byers v. Edmondson, was filed by the family of a victim of one of the crimes.