Obscenity in the context of "Dark humour"

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⭐ Core Definition: Obscenity

An obscenity is any utterance or act that strongly offends the prevalent morality of the time. It is derived from the Latin obscēnus, obscaenus, "boding ill; disgusting; indecent", of uncertain etymology. Generally, the term can be used to indicate strong moral repugnance and outrage in expressions such as "obscene profits" and "the obscenity of war". As a legal term, it usually refers to descriptions and depictions of people engaged in sexual and excretory activity.

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👉 Obscenity in the context of Dark humour

Dark humor, also known as black comedy, black humor, bleak comedy, dark comedy, gallows humor or morbid humor, is a style of comedy that makes light of subject matter that is generally considered taboo, particularly subjects that are normally considered serious or painful to discuss, aiming to provoke discomfort, serious thought, and amusement for their audience.

Dark humor differs from blue comedy—which focuses more on topics such as nudity, sex, and body fluids—and from obscenity. Additionally, whereas the term dark humor is a relatively broad term covering humor relating to many serious subjects, gallows humor tends to be used more specifically in relation to death, or situations that are reminiscent of dying. Black humor can occasionally be related to the grotesque genre. Literary critics have associated black comedy and black humor with authors as early as the ancient Greeks with Aristophanes.

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Obscenity in the context of Black comedy

Black comedy, also known as black humor, bleak comedy, dark comedy, dark humor, gallows humor or morbid humor, is a style of comedy that makes light of subject matter that is generally considered taboo, particularly subjects that are normally considered serious or painful to discuss, aiming to provoke discomfort, serious thought, and amusement for their audience. Thus, in fiction, for example, the term black comedy can also refer to a genre in which dark humor is a core component.

Black comedy differs from blue comedy—which focuses more on topics such as nudity, sex, and body fluids—and from obscenity. Additionally, whereas the term black comedy is a relatively broad term covering humor relating to many serious subjects, gallows humor tends to be used more specifically in relation to death, or situations that are reminiscent of dying. Black humor can occasionally be related to the grotesque genre. Literary critics have associated black comedy and black humor with authors as early as the ancient Greeks with Aristophanes.

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Obscenity in the context of Censorship

Censorship is the suppression of speech, public communication, or other information. This may be done on the basis that such material is considered objectionable, harmful, sensitive, or "inconvenient". Censorship can be conducted by governments and private institutions. When an individual such as an author or other creator engages in censorship of their own works or speech, it is referred to as self-censorship. General censorship occurs in a variety of different media, including speech, books, music, films, and other arts, the press, radio, television, and the Internet for a variety of claimed reasons including national security, to control obscenity, pornography, and hate speech, to protect children or other vulnerable groups, to promote or restrict political or religious views, and to prevent slander and libel. Specific rules and regulations regarding censorship vary between legal jurisdictions and/or private organizations.

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Obscenity in the context of Section One of the Canadian Charter of Rights and Freedoms

Section 1 of the Canadian Charter of Rights and Freedoms is the section that confirms that the rights listed in the Charter are guaranteed. The section is also known as the reasonable limits clause or limitations clause, as it legally allows the government to limit an individual's Charter rights. This limitation on rights has been used in the last twenty years to prevent a variety of objectionable conduct such as child pornography (e.g., in R v Sharpe), hate speech (e.g., in R v Keegstra), and obscenity (e.g., in R v Butler).

When the government has limited an individual's right, there is an onus upon the Crown to show, on the balance of probabilities, firstly, that the limitation was prescribed by law namely, that the law is attuned to the values of accessibility and intelligibility; and secondly, that it is justified in a free and democratic society, which means that it must have a justifiable purpose and must be proportional.

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Obscenity in the context of Free speech zone

Free speech zones (also known as First Amendment zones, free speech cages, and protest zones) are areas set aside in public places for the purpose of political protesting. The First Amendment to the United States Constitution states that "Congress shall make no law ... abridging ... the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." The existence of free speech zones is based on U.S. court decisions stipulating that the government may reasonably regulate the time, place, and manner – but not content – of expression.

The Supreme Court has developed a four-part analysis to evaluate the constitutionality of time, place and manner (TPM) restrictions. To pass muster under the First Amendment, TPM restrictions must be neutral with respect to content, be narrowly drawn, serve a significant government interest, and leave open alternative channels of communication. Application of this four-part analysis varies with the circumstances of each case, and typically requires lower standards for the restriction of obscenity and fighting words.

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Obscenity in the context of Erotic literature

The term erotic literature encompasses fictional and factual stories and accounts of eros (passionate, romantic, or sexual relationships) intended to arouse erotic feelings in readers. This may overlap yet also contrast with erotica, which focuses more specifically on sexual feelings. Other common elements are satire and social criticism. Much erotic literature features erotic art to illustrate the text.

Although cultural disapproval of erotic literature has always existed, its circulation was not seen as a major problem before the invention of printing, as the costs of producing individual manuscripts limited distribution to a very small group of wealthy and literate readers. The invention of printing, in the 15th century, brought with it both a greater market and increasing restrictions, including censorship and legal restraints on publication on the grounds of obscenity. Because of this, much of the production of this type of material became clandestine.

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Obscenity in the context of Erotic art

Erotic art is a broad field of the visual arts that includes any artistic work intended to evoke arousal. It usually depicts human nudity or sexual activity, and has included works in various visual mediums, including drawings, engravings, films, video games, paintings, photographs, and sculptures. Some of the earliest known works of art include erotic themes, which have recurred with varying prominence in different societies throughout history. However, it has also been widely considered taboo, with either social norms or laws restricting its creation, distribution, and possession. This is particularly the case when it is deemed pornographic, immoral, or obscene.

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Obscenity in the context of Hate speech in the United States

Hate speech in the United States cannot be directly regulated by the government due to the fundamental right to freedom of speech protected by the Constitution. While "hate speech" is not a legal term in the United States, the U.S. Supreme Court has repeatedly ruled that most of what would qualify as hate speech in other western countries is legally protected speech under the First Amendment. In a Supreme Court case on the issue, Matal v. Tam (2017), the justices unanimously reaffirmed that there is no "hate speech" exception to the free speech rights protected by the First Amendment and that the U.S. government may not discriminate against speech on the basis of the speaker's viewpoint.

In academic circles, there has been debate over freedom of speech, hate speech, and hate speech legislation. Other forms of speech have lesser protection under court interpretations of the First Amendment, including commercial speech, "fighting words", and obscenity.

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Obscenity in the context of Censorship in the United States

In the United States, censorship involves the suppression of speech or public communication and raises issues of freedom of speech, which is protected by the First Amendment to the United States Constitution. Interpretation of this fundamental freedom has varied since its enshrinement. Traditionally, the First Amendment was regarded as applying only to the Federal government, leaving the states and local communities free to censor or not. As the applicability of states' rights in lawmaking vis-a-vis citizens' national rights began to wane in the wake of the Civil War, censorship by any level of government eventually came under scrutiny, but not without resistance. For example, in recent decades, censorial restraints increased during the 1950s period of widespread anti-communist sentiment, as exemplified by the hearings of the House Committee on Un-American Activities. In Miller v. California (1973), the U.S. Supreme Court found that the First Amendment's freedom of speech does not apply to obscenity, which can, therefore, be censored. While certain forms of hate speech are legal so long as they do not turn to action or incite others to commit illegal acts, more severe forms have led to people or groups (such as the Ku Klux Klan) being denied marching permits or the Westboro Baptist Church being sued, although the initial adverse ruling against the latter was later overturned on appeal to the U.S. Supreme Court case Snyder v. Phelps.

The First Amendment protects against censorship imposed by law, but does not protect against corporate censorship, the restraint of speech of spokespersons, employees, or business associates by threatening monetary loss, loss of employment, or loss of access to the marketplace. Legal expenses can be a significant hidden restraint where there is fear of suit for libel. Many people in the United States are in favor of restricting censorship by corporations, citing a slippery slope that if corporations do not follow the Bill of Rights, the government will be influenced.

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