The Obscenity Trial
Immediately following Ginsberg's famous Six Gallery reading of "Howl," he was contacted by Lawrence Ferlinghetti, stating: "I greet you at the beginning of a great career. When do I get the manuscript?" Ferlinghetti was more than correct about Ginsberg's career, but trouble would soon arise. As mentioned in Ginsberg's biography, in March 1957, U.S. Customs seized over 500 copies of Howl and Other Poems declaring the poetry collection "obscene". Specifically, the obscene material in "Howl" refers to vulgar diction, drug and sexual references and sexuality. People reacted differently to this seizure and trial - some people agreed, some people disagreed, and some people were just pissed that literature could be regulated in this way. Censorship is an issue that continues to plague the arts today.
A short time later, two undercover police officers went into City Lights Bookstore to purchase Howl and Other Poems - right away, Shigeyoshi Murao was arrested for selling the obscene literature, and a warrant was issued for Ferlinghetti, who turned himself in. Before his arrest, Ferlinghetti knew there would be trouble; he has already contacted the American Civil Liberties Union (ACLU), who agreed to take the case.
The State of California was represented by Ralph McIntosh, Ferlinghetti was represented by J.W. Ehrlich, and the Judge was Clayton W. Horn. The trial took place in August 1957 - this was definitely not the first obscenity trial, nor would it be the last.
Each lawyer provided experts who discussed whether or not they believed "Howl" had literary merit and why. McIntosh used David Kirk and Gail Potter; Ehrlich used Mark Schorer and Luther Nichols - there will be specific information under the "Howl Cast" tab.
McIntosh's final argument was weak; he argues that the public would not like it if these words were broadcast through other mediums, like radio or television, and the words used are offensive to the average person who cannot understand the poem. Ehrlich closed by arguing the poem is only obscene if you purposefully read it that way; he argued that just because the words may be vulgar, does not mean the message is, so this should not detract from the literature's value. Ginsberg wrote this way to detail HIS life, HIS experiences, and it is not intended to corrupt readers.
Judge Horn then did an amazing thing - not did not rush into judgement. He spent two weeks researching past cases of the like and he took both sides into great consideration. Judge Horn made the observation that if these obscene words were substituted, the work would lose its meaning. Judge Horn ruled that if this book were banned, deemed obscene, that it "would destroy our freedoms of free speech and press". Howl and Other Poems was not deemed obscene - the charges were dropped.
This court case had rippling effects. Other books that has been banned in the past, like Lady Chatterly's Loved and Tropic of Cancer, among many others, were now unbanned.
A short time later, two undercover police officers went into City Lights Bookstore to purchase Howl and Other Poems - right away, Shigeyoshi Murao was arrested for selling the obscene literature, and a warrant was issued for Ferlinghetti, who turned himself in. Before his arrest, Ferlinghetti knew there would be trouble; he has already contacted the American Civil Liberties Union (ACLU), who agreed to take the case.
The State of California was represented by Ralph McIntosh, Ferlinghetti was represented by J.W. Ehrlich, and the Judge was Clayton W. Horn. The trial took place in August 1957 - this was definitely not the first obscenity trial, nor would it be the last.
Each lawyer provided experts who discussed whether or not they believed "Howl" had literary merit and why. McIntosh used David Kirk and Gail Potter; Ehrlich used Mark Schorer and Luther Nichols - there will be specific information under the "Howl Cast" tab.
McIntosh's final argument was weak; he argues that the public would not like it if these words were broadcast through other mediums, like radio or television, and the words used are offensive to the average person who cannot understand the poem. Ehrlich closed by arguing the poem is only obscene if you purposefully read it that way; he argued that just because the words may be vulgar, does not mean the message is, so this should not detract from the literature's value. Ginsberg wrote this way to detail HIS life, HIS experiences, and it is not intended to corrupt readers.
Judge Horn then did an amazing thing - not did not rush into judgement. He spent two weeks researching past cases of the like and he took both sides into great consideration. Judge Horn made the observation that if these obscene words were substituted, the work would lose its meaning. Judge Horn ruled that if this book were banned, deemed obscene, that it "would destroy our freedoms of free speech and press". Howl and Other Poems was not deemed obscene - the charges were dropped.
This court case had rippling effects. Other books that has been banned in the past, like Lady Chatterly's Loved and Tropic of Cancer, among many others, were now unbanned.
So what IS the Obscenity Law?
There IS actually still an Obscenity Law in effect today, but it is difficult to define for many people. The U.S. Supreme Court defines it as: material which deals with sex in a manner appealing to prurient interest, utterly without redeeming social importance. Obscenity is NOT protected by our First Amendment right, and obscenity is done on a state-by-state basis. It has changed over time, but "the key components of the current obscenity test stem" from the 1933 trial, United States v. Ulysses. States use the Miller test for obscenity, and it includes the following criteria:
- whether the average person, applying contemporary community standards would find that the work, taken as a whole appeals to prurient interest.
- whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law.
- whether the work, taken as a whole, lacks serious literary, artistic, political or scientific value (law.cornell.edu).
Here are some other books that stood trial
Naked Lunch by William Burroughs. Stood trial in 1962. This book was actually deemed obscene because the book discussed child murder and pedophilia, but this was overturned in an appeal four years later. Ginsberg testified for the book.
Ulysses by James Joyce. Stood trial in 1933. The judge ruled the book was not obscene, and this case set the precedent that "a work cannot be dubbed obscene based solely on an excerpt and must be considered in its full context." This still holds true in court today.
Tropic of Cancer by Henry Miller. This book was a pariah - it was published in 1934, seized in France and seized in New York. It attempted to be published again in 1961, and got hit with "over 60 obscenity lawsuits across 21 states" (Goldman). However, when the book went to court, the ban was lifted.
Check out the interesting but nowhere near comprehensive list I found:
Ulysses by James Joyce. Stood trial in 1933. The judge ruled the book was not obscene, and this case set the precedent that "a work cannot be dubbed obscene based solely on an excerpt and must be considered in its full context." This still holds true in court today.
Tropic of Cancer by Henry Miller. This book was a pariah - it was published in 1934, seized in France and seized in New York. It attempted to be published again in 1961, and got hit with "over 60 obscenity lawsuits across 21 states" (Goldman). However, when the book went to court, the ban was lifted.
Check out the interesting but nowhere near comprehensive list I found:
- http://airshipdaily.com/blog/118201310-books-that-stood-trial