
1971
“Pentagon Papers”
case, a whistle-
lower and news organization exposed secret
information on American involvement in
Vietnam
as a form of civil disobedience that
was ultimately upheld in the
Supreme Court
. Still, news media and citizens accepted
restrictions on coverage during the
Grenada
invasion and the
Gulf War
.
Censorship with regard to taste and morality proves more divisive. The US lacks
formal federal censorship for most domestic media, although federal laws have controlled
distribution of obscene materials by mail (under the 1873 Comstock Act), importation o
some materials and child
pornography
. These laws have faced test cases to determine
obscenity versus free speech and art. These include the 1933 declaration that Joyce’s
Ulysses
was art, not subject to the Tariff Act, and the 1957 Roth decision, which
established a standard based on the interpretations of “average persons” (tested two
year’s later by Grove Press’ distribution of
Lady Chatterley’s Lover
).
Often, though, obscenity and censorship involve more local actions and standards—
whether to display certain magazines, buy library books or locate sexually charged
activities in areas against “community standards.” Film censorship has also been the
purview of states and cities: the phrase “banned in Boston” could be used to endorse a
risqué film elsewhere. Censorship was even applied to newsreels before this was banned
by court decisions.
Local schools and libraries have been especially sensitive areas. While sex is
frequently an issue, battles over circulation and textbooks have ranged from protests
against racial stereotypes to fundamentalist attacks on the wizardy of Harry Potter or
evolution. The American Library Association’s 1939 Bill of Rights challenged decades o
local censorship of morality taste and politics in local libraries, framing these institutions
as open beacons of information and debate. Schools, however, have been subject to
powerful
lobbying
by parents and organized groups in local institutions and statewide
adoption of textbooks. Again, censorship arguments play on the special vulnerability o
the child. Administrators also manipulate decisions and opportunities: censorship of high-
school newspapers has grown since the 1988 Supreme Court decision in
Hazelwoo
School District
v.
Kuhlemeier
. Before Hazelwood, school-sponsored publications were
permitted when “reasonably related to legitimate pedagogical concerns.”
Despite these complex and contested structures of censorship and the Freedom o
Speech issues debating both security and cultural claims, institutional self-censorship has
also been prominent in American life. These include production codes for
Hollywood
and
comics,
media ratings of products and audiences—whether films, video games or
music and control devices like the
V-chip
or various forms of parental control for sale to
deal with informational issues of the
Internet
. Often, these entail debates on deeply
divisive issues like sexuality and violence or their impacts.
Debates sometimes overlook subtler and yet troubling questions like those of ABC and
Disney,
where media conglomerates have created a climate in which
news
hostile to the
corporate culture seldom is broadcast.
Political correctness
also evokes self-censorship.
Omissions accepted so as not to offend (gay parents in elementary school books) or
ecause of perceptions of audience (lack of minority figures or interracial romance on
Encyclopedia of Contemporary American Culture 198