2257, Obscenity, and the Magic Camera
Thursday, October 25th, 2007
“Adult sexual conduct is not illegal and it is in fact constitutionally protected. See, e.g., Lawrence v. Texas, 539 U.S. 558 (2003). The regulation of visual depictions of adult sexual activity is not based on its intrinsic relation to illegal conduct.”
That’s from the Sixth Circuit Court’s ruling 2257 regulations unconstitutional, and gets to the heart of why I am fascinated by, and passionate about making sexual imagery.
Some few years ago I directed a film about Hutu refugees in Eastern Zaire. The imagery from the camps themselves was appalling enough: emaciated men, women, and children dying as the camera rolled; bodies being stacked into the bed of trucks like cordwood. But also included was footage from the Hutu genocidal slaughter of their Tutsi countrymen (carried out largely by machete,) including footage of a man being murdered by decapitation and the desecration of corpses.
I thought long and hard about what shots I would and would not include this film. I wanted my audience to vividly understand the horrors that had played out, but I did not want to them to withdraw, to down emotionally. I wanted them to stay with the film, through to the end, and hoped that they would find meaning in what I chose to show them. I thought a lot about the line between enough and too much. But never, not even for a moment, did I think about whether or not the footage I chose to include was prosecutable.
By contrast, nothing I show in the films I make about sex is awful. In fact, it’s all quite wonderful! People who desire each other giving and receiving pleasure in the most intimate and delicious ways! Yet in choosing to document and then distributed these consensual, loving, pleasurable, and entirely legal acts, some how through the magical powers of the camera, I may be committing a crime. Depending on where my films are watched, and by whom, what I do may not be protected by the First Amendment, what I do may be considered obscene, what I do may be against the law.
“The regulation of visual depictions of adult sexual activity is not based on its intrinsic relation to illegal conduct.” That’s what the Sixth Circuit Court says. I don’t see how that squares with Miller v. California. I’d like to find out, but I don’t want to lose my house or go to jail.
