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
Justice Brennan delivered the opinion of the Court. Roth ran a business in New York by selling books, photos, and magazines. Roth was charged with 4 counts for sending inappropriate circulars and an inappropriate book. The Court of Appeals for the Second Circuit upheld Roth’s appeal. Alberts was prosecuted for the sale of lewd books, and for writing inappropriate advertisements within the books. Albert’s conviction was upheld by a lower court. The Court must decide if indecent material is protected by the freedom of speech and press in the First Amendment. All ideas, even the most foolish, controversial, and intolerable, are protected by free speech. The only exception is when they interfere in more important safeties. However, indecency has been demonstrated to have no redeeming
A test used to determine whether something is obscene was created with this case and used in the cases that came after. The test was called ? utterly without redeeming social value? (Miller v. California, 1973). This test is not held as a constitutional standard.
Under Miller v. California (1973) in order for material to be found obscene by a court of law, the material must appeal to the prurient interest, as judged against local community standards. The material must also depict or describe sexual conduct (as defined by applicable state law) in a "patently offensive" or "indecent" way and lack serious literary, artistic, political, or scientific value. These standards apply equally in the context of the Internet as they do in ordinary books and magazines. Where material is found to be obscene, the First Amendment does not apply. This decision
Century apart, Allen Ginsberg and Walt Whitman share similar cultural, political and moral values, which they express in their literary work. Whitman’s writing is considered controversial for the eighteen hundreds. He sets the stage for generations to come breaking way from the strict Victorian poetic tradition by writing in free verse. Ginsberg follows his footsteps when composing his poem “Howl” by writing in long lines almost resembling prose and subdividing the poem into several parts. Likewise, he uses numerous repetitions to achieve rhythmicity of his verse. Ginsberg’s poem is heavily influenced by Whitman’s philosophy. The works “Song of myself” and “Howl” are similar in ideas, structure and underling themes. The two authors protest against old traditions imposed on the individual by corrupt society, stand against conformity and put emphasis on the need for change. They identify with their generation and dwell on themes such as sexuality, religion and the state of American society.
Howl, by Allen Ginsberg, is an inaccessible writing with such obscure references from a unique personal life and small subculture from 50 years ago that it cannot stand on its own today. It tackles issues society has already decided, makes them completely unrelatable, and attempts to shock readers. Except to literary historians, this poem is irrelevant to modern society because of constant references to obscure places and people, frequent vulgarity to which internet-based society has been desensitized, and societal issues that already have national-level attention.
Therefore, in the very beginning, Ginsberg presents to the reader the subject and tone of the poem in the context of this question. Ginsberg’s questions make the audience realize the seriousness of the issues that this poem discusess, such as America, politics, war, humanity, and ethics.
In fact, during the rise of the poem’s popularity, Ginsberg and his associates were charged with promoting obscenity, and the poem itself was
To get to the root of what is considered obscene, a test for judging obscene material was set in the case of Miller v. California. This modern test for obscenity consists of three parts: “(1) the proscribed material must depict or describe sexual conduct in a patently offensive way, (2) the conduct must be specifically described in the law, and (3) the work must,
According to the1973 case of Miller v. California, material is obscene if all three of the following conditions are met:
I chose Allen Ginsberg for my posting. His best known work is “Howl” where he describes estranged Americans of the postwar in the 1950s. Walt Whitman and William Blake inspired Allen, but Allen incorporated his own “barbaric yawp” with hallucinations and more. Allen’s goal was to provide a reason for the separation of who protested against the culture of the United States. Allen’s language in his writing was “extra vagance”, and that made Allen a famous, well-known poet of the age. Allen was born in Newark, New Jersey. In 1943, Allen went to Columbia University at seventeen years old. He was dismissed from the University for making rude remarks about the university president and allegedly wrote anti-Semitic obscenity on a window. He was let
“I saw the best minds of my generation destroyed by madness, starving hysterical naked”, In this quote from Allen Ginsberg’s “Howl”, I don’t see a social commentary from one of my favorite poems, I don’t see Ginsberg’s observation of the destructive qualities: war, society, government, and capitalism on these outcasts, these drug users¬¬--drop outs, musicians, and poets, the disregarded yet “the best minds of my generation”. No. In this line I see my grandmother. I see her transform from one of the strongest willed and independent woman I’ve ever known, to a person stuck in a nursing home that doesn’t even realize that they’ve worn the same clothes for three days straight. I see one of the greatest minds of my generation, my life, destroyed
Ginsberg’s work often represents a struggle for spiritual survival in a dehumanized, repressive society. This can be seen in his writing of “Howl”:
Allen Ginsberg’s revolutionary poem, Howl, is a powerful portrayal of life degraded. It represents the harsh life of the beat generation and chronicles the struggles of the repressed. Howl is a poem of destruction. Destruction of mind, body, and soul through the oppression of the individual. Using powerful diction, Allen Ginsberg describes this abolition of life and its implications through our human understanding of abstractions like Time, Eternity, and self. The poem’s jumbled phrasing and drastic emotion seems to correspond with the minds of the people it describes. Ginsberg uses surprisingly precise and purposeful writing to weave the complex
There are many similarities between Whitman’s “Song of Myself” and Ginsberg’s “Howl”. Whitman’s influence can be noticed in Ginsberg’s work which range from a similar style of format, structure, a concern with the general population of America, and the impact that these two great writers had on the rest of the literary world. Another significant influence that Whitman has for Ginsberg is the fact that Whitman had been considered an outcast from the literary world of his era. Whitman appeared as a plainly dressed working man rather than a fancy high societal poet. His long winded style, free verse, and sexual exposure made Whitman stand out from the rest of the other poets. Ginsberg was also not accepted among the poets of his generation. His literary works were banned from the public’s eye. Another similarity was between the two was their subject matter. In the introduction of leaves of grass, Malcolm Cowley said, “Its subject is a state of illumination induced by two (or three) separate moments of ecstasy”.
During the 1950s, many different literary movements came to the spotlight. Two such movements were Confessionalism and Beat poetry. There are many commonalities between these movements, and often, authors and works from the Beat movement incorporate various Confessionalist characteristics. Allen Ginsberg, one such author, combined both Confessionalism and Beat poetry in a variety of his works, including Howl and Kaddish. The Confessionalist aspects of Allen Ginsberg and his works, such as Howl, were heavily outweighed by the Beat aspects in his work.