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51 Ky. L.J. 611 (1962-1963)
Obscenity the Law, a Dissenting Voice

handle is hein.journals/kentlj51 and id is 623 raw text is: Obscenity- the Law, a Dissenting Voice By ERWIN A. ELIAs* Introduction The purpose of this paper is to attempt to illuminate the law with respect to regulation and prohibition of publications' al- legedly obscene and pornographic. The writer had not been called upon to express opinions on the wisdom of the law and for this he was initially most grateful. However, it quickly be- came evident that this article could not be written without editorial comment and now no pretense is made that this consti- tutes the product of a neutral mind. Rather than clutter the main body of this analysis with editorializing it was decided to state the opinions held as a prologue to a discussion of the law itself. (1) Although emphatically opposed to capricious censorship, along with genocide, forcible overthrow of the government, dis- respect for the flag, etc., there is no inclination to embrace what appears to be the prevailing view of most commentators and the Supreme Court that whatever is in fact published is entitled to near absolute protection. Perhaps it is unrealistic to assume that there must be some satisfactory middle ground between the extremes of complete censorship and complete absence of restraint. Both alternatives appear equally undesirable. (2) If a choice must be made the writer is inclining more and more toward favoring regulation and even censorship with respect to publications dealing with sex. It is felt, perhaps erroneously, that the great majority of American people would agree with this view were they to peruse some of the currently o Professor of Law, Baylor Umversity Law School. I The terms publications, publisher, etc., are used throughout this paper to cover all media of communication, books, magamnes, motion pictures, television presentations, pictures, paintings, etc.

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