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Analysis Of Howl, By Ginsberg

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The standards of obscenity and what is and is not protected by the First Amendment has evolved as the fields of literature and art have expanded. In 1956, the headlines were filled with mentions of Howl being fought about in court. Howl, a poem written by Ginsberg, is focused on the “outcast” groups of American society such as the mentally ill, members of the LGBT community, and drug users. Originally, he did not intend for the poem to get out to the public due to the references from his own life with past loves, friends, and experiences. But Ferlinghetti, overhearing the poem read for the first time publically, offered to publish the poem. Soon afterwards, the poem was taken to court. The personal bits and certain details of the poem got the poem sent to court where it was put through the newer standards and reading practices to determine obscenity. At the end of the trial, the judge determined that Howl was not be obscene and was protected by the First Amendment.
The law defined obscene material as writing with no value of any kind and with the purpose to ensue scandalous and lusty thoughts in its readers. These standards for was determined in Miller v. California, a work is obscene and unfit for publishing if it is “utterly without socially redeeming value” and lacks “serious literary, artistic, political, or scientific value” when taken as a whole. Before in these kinds of court cases, the prosecutor could extract sections of the writing to determine its obscenity as

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