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« chapter fifteen » back to nevada and becoming alf doten S     , the city of San Francisco prosecuted Lawrence Ferlinghetti on the charge of disseminating obscenity by publishing Allen Ginsberg’s Howl and Other Poems in the City Lights Pocket Poets Series. It was a landmark case in civil rights law. J. (Jake) W. Ehrlich, with two other attorneys, handled the defense on behalf of the  and called as one of his witnesses Walter Van Tilburg Clark. Clark joined several other professors from San Francisco State as well as Mark Schorer from the University of California, Berkeley, and the poet Kenneth Rexroth. During the trial, Lawrence Speiser, for the defense, asked Clark what opinion he had formed about the literary merit of the publication. Clark replied, They seem to me, all of the poems in the volume, to be the work of a thoroughly honest poet, who is also a highly competent technician. I have no reason to question in my own mind › 301 ‹ 15-unv002.c15.4 6/29/04 5:59 PM Page 301 the feelings, Mr. Ginsberg’s sincerity in anything that he has said or the seriousness of his purpose in saying it. [Speiser:] In forming your opinion as to the literary merit of the publication, have you considered some of the phrases and words about which Mr. McIntosh [the deputy district attorney] questioned other witnesses prior to your taking the stand? [Clark:] Yes, when I knew that I might appear and have to oƒer an opinion, I examined the poem not only in a general way, but specifically for the purpose of determining my reaction to what I believe might be expressions or passages in question . I found none anywhere in any of the poems that seemed to me irrelevant to Mr. Ginsberg’s purpose, and it seemed to me also that there is even aesthetically a sound defense to be made for each use of what might be considered a questionable term in the way of the tone desired for the whole volume, particularly for the title poem, the tension, the sense of destruction , the sense—even if we wish that—of depravity that he wished to produce. The deputy district attorney began his cross-examination by asking in a sarcastic tone: “What is your definition of literary merit, anyway?” His back up, Clark replied, It’s very hard to define. I don’t know if this is getting outside of my purview, but I don’t know exactly why we have to define literary merit in this particular case. This answer prompted the judge, Clayton W. Horn, to admonish him: Mr. Clark, we appreciate your coming here, but you’re a witness , not to lecture the prosecution. We will have the question read. If you can’t answer the question you may say so, but we’re not interested in anything but your answer to the question. the ox-bow man › 302 ‹ 15-unv002.c15.4 6/29/04 5:59 PM Page 302 [18.222.240.21] Project MUSE (2024-04-26 03:29 GMT) After some further back-and-forth between the judge and Clark, Clark answered by stating that the final test of literary merit is the power to endure, which cannot be applied to a recent work. He went on to say, Aside from this test of durability, I think the test of literary merit must be, to my mind, first, the sincerity of the writer. I would be willing, I think, even to add the seriousness of purpose of the writer, if we do not by that leave out the fact that a writer can have a fundamental serious purpose and make a humorous approach to it. After several others testified for the defense, the trial was concluded in October of 1957 when Judge Clayton Horn ruled that Howl did have redeeming social value. It was an amazing performance on Clark’s part, since he did not particularly like the San Francisco beat poets and thought that Jack Kerouac, Ginsberg ’s mentor, was a real phony. He thought that, without much regard for others, Kerouac sought out titillating experiences for their own sake rather than having trying experiences from need. However,Ginsberg did expressreactions to contemporary society that Clark could share. Also, as a member of the , Clark believed strongly in the artist’s right to express himself—no matter who he was and what the mode of expression. It was for him a...

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