Degradation: What the History of Obscenity Tells Us about Hate Speech

Notes

| 197 Notes Notes to the Introduction 1. Charles R. Lawrence, “If He Hollers Let Him Go: Regulating Racist Speech on Campus ,” 1990 Duke L.J. 431. 2. Id. at 462. Lawrence cites several cases, including Fisher v. Carousel Motor Hotel, Inc., 424 S.W.2d 627 (Tex. 1967), which he characterizes as upholding a damages award for assault and battery on the theory that battery protects not only physical security but dignity as well. 3. Id. at 452–53. 4. Richard Delgado & Jean Stefancic, Understanding Words That Wound 13 (Boulder, CO: Westview, 2004). 5. See Mari J. Matsuda, “Public Response to Racist Speech: Considering the Victim’s Story,” 87 Mich. L. Rev. 2320, 2336–37 (1989). 6. Brian Mullen & Joshua M. Smyth, “Immigrant Suicide Rates as a Function of Ethnophaulisms : Hate Speech Predicts Death,” 66 Psychosomatic Medicine 343, 346 (2004). 7. See Frederick A. Schauer, The Law of Obscenity 2 (Washington, DC: Bureau of National Affairs, 1976). 8. See id. at 3; H. Montgomery Hyde, A History of Pornography 71, 153 (New York: Farrar, Straus & Giroux, 1964); see also David Loth, The Erotic in Literature: A Historical Survey of Pornography as Delightful as It Is Indiscreet 65–66 (New York: Julian Messner, 1961). 9. Frederick A. Schauer, supra note 7 at 5 (citing Dominus Rex v. Curl, 2 Str. 789, 93 Eng. Rep. 849 (1727)). 10. Id. at 6. 11. See David Tribe, Questions of Censorship 56–57 (London: George Allen & Unwin, 1973). 12. See id. at 57–58. 13. Frederick A. Schauer, supra note 9, at 6. 14. Id. at 13. 15. Harry M. Clor, Obscenity and Public Morality: Censorship in a Liberal Society 225 (Chicago: University of Chicago Press, 1969). 16. Id. at 226. Notes to Chapter 2 1. David Loth, The Erotic in Literature: A Historical Survey of Pornography as Delightful as It Is Indiscreet 47 (New York: Julian Messner, 1961). 198 | Notes to Chapter 2 2. Peter Webb, The Erotic Arts 71 (New York: Farrar, Straus & Giroux, 1983). 3. Robert F. Sutton, Jr., “Pornography and Persuasion on Attic Pottery,” in Amy Richlin, ed., Pornography and Representation in Greece and Rome 3, 4 (New York: Oxford University Press, 1992). 4. See id. at 8. 5. Peter Webb, supra note 2, at 54. 6. See Kenneth J. Dover, Greek Popular Morality in the Time of Plato and Aristotle 206 (Oxford, UK: Basil Blackwell, 1974). 7. See Harvey A. Shapiro, “Eros in Love: Pederasty and Pornography in Greece,” in Amy Richlin, ed., supra note 3, at 53, 53. 8. Peter Webb, supra note 2 at 54. 9. H. Montgomery Hyde, A History of Pornography 41 (New York: Farrar, Straus & Giroux, 1964). 10. See Poul Gerhard, Pornography in Fine Art from Ancient Times up to the Present 3–5 (Los Angeles: Elysium, 1969). Gerhard notes as a humorous detail that the placement of the decorations in the bottom of the cups makes them visible only when the contents are finished. See id. at 3. Perhaps that fact is the reason such images were placed there, since the image might provide an incentive for a child to finish his or her drink. 11. Peter Webb, supra note 2, at 54. 12. David Tribe, Questions of Censorship 32 (London: George Allen & Unwin, 1973) (quoting D. H. Lawrence, Pornography and Obscenity 5–6 (1929)). 13. See David Loth, supra note 1, at 48. 14. Aristophanes, Lysistrata, in Four Plays by Aristophanes 335 (William Arrowsmith, Richard Lattimore & Douglass Parker, trans.) (New York: New American Library, 1984). 15. Id. at 406–07. 16. Id. at 419. 17. Id. at 434–35. 18. Id. at 444–45. 19. Aristophanes, Lysistrata (Robert Henning Webb, trans.) (Charlottesville: University of Virginia Press, 1963). 20. Id. at 85. The German accent seems to have been used to show that Sparta’s dialect differed from that of Athens. See id. at 7 n.10. Parker’s translation uses a backwoods accent for the same purpose. 21. Id. at 91. 22. Id. at 94. 23. Aristophanes, The Clouds, in Four Plays by Aristophanes, supra note 14 at 7, 71. 24. Id. at 127. 25. Id. at 157–58 n.63. 26. The lines Arrowsmith shows as delivered by Aristophanes may instead be spoken by the Chorus, but those lines are still said to represent the author’s view. See id. at 156–57 n.61. 27. Id. at 63. 28. Id. at 160 n.90. 29. Id. at 90–91. 30. Id. at 91. 31. Bella Zweig, “The Mute Nude Female Characters in Aristophanes’ Plays...