Current Obscenity Law in Great Britain.
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The premise of obscenity law in Great Britain has been to suppress material that the courts decide may have a particularly harmful effect on the minds of members of the population who read, see or hear it. While perhaps suited to prevalent attitudes in the Victorian society in which it was conceived, such paternalistic sentiments have no place in a modern pluralistic democracy. That is not to say, however, that obscenity law or some equivalent can have no relevance whatever in today's society. In outlining a complete overhaul of the current system, this essay will argue that any curtailment of the right of free speech, one of the foundational rights of liberal democracy, can only be based on solid, objective ground. Individual moral sensibilities, while often deeply held, are so varied as to make consensual censorship on moral grounds impossible and undesirable. Primarily, the law must seek to maximise choice,...

