What Films We May Watch: Videotape Distribution and the First Amendment

Abstract

If the First Amendment means anything, it means that a State has no business telling a man, sitting alone in his own house, what books he may read or what films he may watch.-Stanley v. Georgia, 394 U.S. 557, 565 (1969). The video cassette recorder ("VCR")-the electronic boon of the decade-presents an important challenge for the first amendment. The VCR's importance is underscored by its explosive growth in popularity. A novelty in 1980, the VCR now is found in 37 million homes. 2 Presently devoted largely to entertainment use, the VCR's niche is expanding to include commercial and political functions. The video cassette is an integral information source for millions of viewers. The legal challenge is to adapt constitutional protection to this new form of expression. 3 The VCR's introduction coincides with renewed pressure for con

The Ontology of the Pornographic Image: The Meese Commission and the Rise of Sexual Media

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Regime Approaches to Obscenity Policy: 1960S to 1980S

“…Indeed, while VCRs would eventually revolutionize the adult entertainment industry, they did not become a mass commodity until well after the most significant reductions in adult theaters had already occurred (Groskaufmanis, 1988). Likewise, cable television did not become a feature in most large cities until the 1980s (Enstad, 1982).…”

“…The general decline in the number of adult theaters was not the result of fundamental changes to urban economies or technological innovations, such as the introduction of the video cassette recorder or cable television. Indeed, while VCRs would eventually revolutionize the adult entertainment industry, they did not become a mass commodity until well after the most significant reductions in adult theaters had already occurred (Groskaufmanis, 1988). Likewise, cable television did not become a feature in most large cities until the 1980s (Enstad, 1982).…”