Is it okay for clothing to feature obscenities?
Fact Box
- Something is obscene if it’s 'offensive to accepted standards of decency,' and that obscenity encompasses 'indecency, lewdness, or offensiveness in behavior, expression, or appearance.'
- After wearing a jacket bearing the phrase '[F*ck] the Draft' into a courtroom in 1968, Paul Robert Cohen was charged with breaking California’s breach-of-the-peace law. However, the Supreme Court of the US (SCOTUS) ruled in Cohen vs. California in 1971 that 'the government generally cannot criminalize the display of profane words in public places.'
- In 1973, in Miller v. California, SCOTUS established the 'Miller Test,' instructing lower courts to decide whether a matter is obscene and lacking “serious literary, artistic, political, or scientific value.” If obscenity is found in the visual depictions, spoken words, or written text, that speech or material is not protected under the First Amendment.
- In 2014, the Society for Human Resource Management advised, 'Employees wearing potentially offensive images should be sent home to change clothes, told to cover the images with a sweater or asked to turn the shirt inside out before someone is offended.'
Luke (No)
Public spaces are intended for all kinds of people--including parents and their children. What a person does in their home may be their own business, but what is done in public must be done with respect for everyone. While obscenity on clothing may seem benign to some, when it is introduced into public spaces, it essentially violates the rights of others using that same public space who may be offended by lewdness. Another important consideration is the violation of the parental right to shield their children from what they may consider to be harmful content. This notion of public decency is ingrained in American society to the point where it is accepted that the First Amendment does not protect such public obscenity, and even federal and state laws have been passed to prohibit such indecent displays.
In the modern era, common usage of obscene language on clothing is even more amplified by such technologies as the internet, particularly social media. Such widespread and easily accessible obscenity reinforces negativity and promotes a toxic culture that degrades society and its inhabitants. In a sense, this should be obvious based upon the very nature of obscenity, as obscenity is that which offends the senses and takes what is considered wholesome and turns it upside-down. This notion is supported by scientific studies demonstrating obscenity's adverse effects, particularly on children.
Because of the importance of keeping public spaces neutral and safe for all, including children, and because of the illegality of spreading such material, it is not ok for clothing to feature obscenities.
Dougie (Yes)
Charlotte Brontë called censoring profane language weak and futile. She mused, “I cannot tell what good it does–what feeling it spares–what horror it conceals.” Censorship is a slippery slope, and its limits are hard to define. What’s deemed “obscene” is subjective and has changed drastically over time.
Obscenities are unavoidable in today’s world, and what offends will vary from person to person. If the argument for censoring profanity on clothing is made to protect children, the logic is flawed--considering the youngest and most innocent minds can neither read nor be offended by vulgarity. Regardless, the words will inevitably one day be discovered and require discussion.
Most notably, when something is made off-limits, it often backfires, making the now-forbidden item suddenly appear more attractive than before, simply for having been banned. This psychological phenomenon is known as the forbidden fruit effect. Refusing to allow obscenities on clothes could easily spark an increase in their perceived value and desirability.
A recent attempt to ban a clothing line for having a “scandalous” title was struck down by the US Court of Appeals, as it was found to penalize and “discriminate against expression.” Thus, the designer was deemed legally entitled to their trademark, challenging apparent viewpoint discrimination against the brand’s profane-sounding name.
What people wear is a form of expression and, as such, is a protected freedom. As long as someone isn’t incarcerated or following an institutional dress code, the language on their attire should be at their discretion. Those who don’t want to see it are under no obligation to look.
0
2
12
Share
0 / 1000