What Is Censorship? | American Civil Liberties Union
Censorship, the suppression of words, images, or ideas that are "offensive," happens whenever some people succeed in imposing their personal political or moral values on others. Censorship can be carried out by the government as well as private pressure groups. Censorship by the government is unconstitutional.
In contrast, when private individuals or groups organize boycotts against stores that sell magazines of which they disapprove, their actions are protected by the First Amendment, although they can become dangerous in the extreme. Private pressure groups, not the government, promulgated and enforced the infamous Hollywood blacklists during the McCarthy period. But these private censorship campaigns are best countered by groups and individuals speaking out and organizing in defense of the threatened expression.
American society has always been deeply ambivalent about these questions. On the one hand, our history is filled with examples of overt government censorship, from the 1873 Comstock Law to the 1996 Communications Decency Act. On the other hand, the commitment to freedom of imagination and expression is deeply embedded in our national psyche, buttressed by the First Amendment, and supported by a long line of Supreme Court decisions.
The Supreme Court has interpreted the First Amendment's protection of artistic expression very broadly. It extends not only to books, theatrical works and paintings, but also to posters, television, music videos and comic books -- whatever the human creative impulse produces.
Two fundamental principles come into play whenever a court must decide a case involving freedom of expression. The first is "content neutrality"-- the government cannot limit expression just because any listener, or even the majority of a community, is offended by its content. In the context of art and entertainment, this means tolerating some works that we might find offensive, insulting, outrageous -- or just plain bad.
The second principle is that expression may be restricted only if it will clearly cause direct and imminent harm to an important societal interest. The classic example is falsely shouting fire in a crowded theater and causing a stampede. Even then, the speech may be silenced or punished only if there is no other way to avert the harm.
SEX SEXUAL SPEECH Sex in art and entertainment is the most frequent target of censorship crusades. Many examples come to mind. A painting of the classical statue of Venus de Milo was removed from a store because the managers of the shopping mall found its semi-nudity "too shocking." Hundreds of works of literature, from Maya Angelou's I Know Why the Caged Bird Sings to John Steinbeck's Grapes of Wrath, have been banned from public schools based on their sexual content.
A museum director was charged with a crime for including sexually explicit photographs by Robert Mapplethorpe in an art exhibit.
American law is, on the whole, the most speech-protective in the world -- but sexual expression is treated as a second-class citizen. No causal link between exposure to sexually explicit material and anti-social or violent behavior has ever been scientifically established, in spite of many efforts to do so. Rather, the Supreme Court has allowed censorship of sexual speech on moral grounds -- a remnant of our nation's Puritan heritage.
This does not mean that all sexual expression can be censored, however. Only a narrow range of "obscene" material can be suppressed; a term like "pornography" has no legal meaning . Nevertheless, even the relatively narrow obscenity exception serves as a vehicle for abuse by government authorities as well as pressure groups who want to impose their personal moral views on other people.
PORNOGRAPHIC! INDECENT! OBSCENE! Justice John Marshall Harlan's line, "one man's vulgarity is another's lyric," sums up the impossibility of developing a definition of obscenity that isn't hopelessly vague and subjective. And Justice Potter Stewart's famous assurance, "I know it when I see it," is of small comfort to artists, writers, movie directors and lyricists who must navigate the murky waters of obscenity law trying to figure out what police, prosecutors, judges and juries will think.
The Supreme Court's current definition of constitutionally unprotected Obscenity, first announced in a 1973 case called Miller v. California, has three requirements. The work must 1) appeal to the average person's prurient (shameful, morbid) interest in sex; 2) depict sexual conduct in a "patently offensive way" as defined by community standards; and 3) taken as a whole, lack serious literary, artistic, political, or scientific value.
The Supreme Court has held that Indecent expression -- in contrast with "obscenity" -- is entitled to some constitutional protection, but that indecency in some media (broadcasting, cable, and telephone) may be regulated. In its 1978 decision in Federal Communications Commission v. Pacifica, the Court ruled that the government could require radio and television stations to air "indecent" material only during those hours when children would be unlikely listeners or viewers. Broadcast indecency was defined as: "language that describes, in terms patently offensive as measured by contemporary community standards for the broadcast medium, sexual or excretory activities or organs." This vague concept continues to baffle both the public and the courts.
PORNOGRAPHY is not a legal term at all. Its dictionary definition is "writing or pictures intended to arouse sexual desire." Pornography comes in as many varieties as the human sexual impulse and is protected by the First Amendment unless it meets the definition for illegal obscenity.
VIOLENCE IS MEDIA VIOLENCE A THREAT TO SOCIETY? Today's calls for censorship are not motivated solely by morality and taste, but also by the widespread belief that exposure to images of violence causes people to act in destructive ways. Pro-censorship forces, including many politicians, often cite a multitude of "scientific studies" that allegedly prove fictional violence leads to real-life violence.
There is, in fact, virtually no evidence that fictional violence causes otherwise stable people to become violent. And if we suppressed material based on the actions of unstable people, no work of fiction or art would be safe from censorship. Serial killer Theodore Bundy collected cheerleading magazines. And the work most often cited by psychopaths as justification for their acts of violence is the Bible.
But what about the rest of us? Does exposure to media violence actually lead to criminal or anti-social conduct by otherwise stable people, including children, who spend an average of 28 hours watching television each week? These are important questions. If there really were a clear cause-and-effect relationship between what normal children see on TV and harmful actions, then limits on such expression might arguably be warranted.
WHAT THE STUDIES SHOW Studies on the relationship between media violence and real violence are the subject of considerable debate. Children have been shown TV programs with violent episodes in a laboratory setting and then tested for "aggressive" behavior. Some of these studies suggest that watching TV violence may temporarily induce "object aggression" in some children (such as popping balloons or hitting dolls or playing sports more aggressively) but not actual criminal violence against another person.
CORRELATIONAL STUDIES that seek to explain why some aggressive people have a history of watching a lot of violent TV suffer from the chicken-and-egg dilemma: does violent TV cause such people to behave aggressively, or do aggressive people simply prefer more violent entertainment? There is no definitive answer. But all scientists agree that statistical correlations between two phenomena do not mean that one causes the other.
INTERNATIONAL COMPARISONS are no more helpful. Japanese TV and movies are famous for their extreme, graphic violence, but Japan has a very low crime rate -- much lower than many societies in which television watching is relatively rare. What the sudies reveal on the issue of fictional violence and real world aggression is -- not much.
The only clear assertion that can be made is that the relationship between art and human behavior is a very complex one. Violent and sexually explicit art and entertainment have been a staple of human cultures from time immemorial. Many human behavioralists believe that these themes have a useful and constructive societal role, serving as a vicarious outlet for individual aggression.
WHERE DO THE EXPERTS AGREE? Whatever influence fictional violence has on behavior, most expert believe its effects are marginal compared to other factors. Even small children know the difference between fiction and reality, and their attitudes and behavior are shaped more by their life circumstances than by the books they read or the TV they watch. In 1972, the U.S. Surgeon General's Advisory Committee on Television and Social Behavior released a 200-page report, "Television and Growing Up: The Impact of Televised Violence," which concluded, "The effect [of television] is small compared with many other possible causes, such as parental attitudes or knowledge of and experience with the real violence of our society." Twenty-one years later, the American Psychological Association published its 1993 report, "Violence & Youth," and concluded, "The greatest predictor of future violent behavior is a previous history of violence." In 1995, the Center for Communication Policy at UCLA, which monitors TV violence, came to a similar conclusion in its yearly report: "It is known that television does not have a simple, direct stimulus-response effect on its audiences."
Blaming the media does not get us very far, and, to the extent that diverts the public's attention from the real causes of violence in society, it may do more harm than good.
WHICH MEDIA VIOLENCE WOULD YOU BAN? A pro-censorship member of Congress once attacked the following shows for being too violent: The Miracle Worker, Civil War Journal, Star Trek 9, The Untouchables, and Teenage Mutant Ninja Turtles. What would be left if all these kinds of programs were purged from the airwaves? Is there good violence and bad violence? If so, who decides? Sports and the news are at least as violent as fiction, from the fights that erupt during every televised hockey game, to the videotaped beating of Rodney King by the LA Police Department, shown over and over gain on prime time TV. If we accept censorship of violence in the media, we will have to censor sports and news programs.
Follow this link:
What Is Censorship? | American Civil Liberties Union
- Tonight in Your Rights: Beating the censors - All Rise News | Substack - December 22nd, 2025 [December 22nd, 2025]
- CBS Shelves 60 Minutes Story On Trump Deportees At The Last Minute: People Are Threatening To Quit, Staffers Say - The Seattle Medium - December 22nd, 2025 [December 22nd, 2025]
- Exiled journalisms biggest threat is something more mundane than censorship - Nieman Lab - December 22nd, 2025 [December 22nd, 2025]
- Epstein victims angry over gaps and censorship in long-awaited file release - South China Morning Post - December 22nd, 2025 [December 22nd, 2025]
- MI6 Confidential Issue #77 - MI6 - The Home Of James Bond - December 22nd, 2025 [December 22nd, 2025]
- 2025 Book Censorship Wrapped: Trends, Challenges, and Successes Over The Year - Book Riot - December 22nd, 2025 [December 22nd, 2025]
- Indias Film Censorship Is Getting More Political and a New Data Leak Reveals Just How Deep It Runs - IndieWire - December 22nd, 2025 [December 22nd, 2025]
- Should the phrase "globalise the intifada" be banned? - Index on Censorship - December 22nd, 2025 [December 22nd, 2025]
- Sonys new censorship patent is one of the most hostile attacks on the arts yet - Digitally Downloaded - December 22nd, 2025 [December 22nd, 2025]
- China Bans Winnie the Pooh? Country Now Forbids the Yellow Bear - Inside the Magic - December 22nd, 2025 [December 22nd, 2025]
- A heart full of hope: behind the doors closed to women in Afghanistan - Index on Censorship - December 22nd, 2025 [December 22nd, 2025]
- Sony files AI censorship patent to make PlayStation games playable for all ages - Interesting Engineering - December 22nd, 2025 [December 22nd, 2025]
- EFF Takes a Stand Against Censorship Disguised as Age Verification Laws - newsbreaks.infotoday.com - December 22nd, 2025 [December 22nd, 2025]
- The 60 Minutes report on CECOT that Bari Weiss censored is now internet contraband - The Verge - December 22nd, 2025 [December 22nd, 2025]
- 60 Minutes Staff Threaten to Quit Over Trump-Friendly Censorship - Inquisitr News - December 22nd, 2025 [December 22nd, 2025]
- Report: Over 8,700 news articles censored in Turkey in 2024 - Bianet - December 22nd, 2025 [December 22nd, 2025]
- CBS, coverup, censorship, and that pesky tipping point - Daily Kos - December 22nd, 2025 [December 22nd, 2025]
- Repression deepens in Hong Kong with Jimmy Lais guilty verdict and censorship over deadly Wang Fuk Court fire - FIRE | Foundation for Individual... - December 22nd, 2025 [December 22nd, 2025]
- PlayStation's AI Censorship Tool Is Angering Gamers, 'Black Mirror Is Here' - GAMINGbible - December 22nd, 2025 [December 22nd, 2025]
- The right should be pro-actively defending free speech, not getting caught up in petty censorship feuds - nypost.com - December 22nd, 2025 [December 22nd, 2025]
- EFF, Open Rights Group, Big Brother Watch, and Index on Censorship Call on UK Government to Repeal Online Safety Act - Electronic Frontier Foundation - December 16th, 2025 [December 16th, 2025]
- Censor approval pending as IFFK puts 19 films, including Palestine-themed titles, on hold | Entertainment News - Hindustan Times - December 16th, 2025 [December 16th, 2025]
- Europes real censorship problem isnt what Trump claims - Index on Censorship - December 16th, 2025 [December 16th, 2025]
- Is impartiality possible when it comes to free speech? - Index on Censorship - December 16th, 2025 [December 16th, 2025]
- Union government disallows screening of 19 films at the 30th International Film Festival of Kerala - t2ONLINE - December 16th, 2025 [December 16th, 2025]
- This HIV Expert Refused To Censor Data, Then Quit the CDC - KFF Health News - December 16th, 2025 [December 16th, 2025]
- Dhurandhar Faces Regional Censorship in the Gulf but Dominates India With Massive Action-Spy Buzz - Times of India - December 14th, 2025 [December 14th, 2025]
- Censorship pure and simple: critics hit out at Trump plan to vet visitors social media - The Guardian - December 14th, 2025 [December 14th, 2025]
- Meta accused of banning LGBTQ+ accounts in one of its "biggest waves of censorship" ever - LGBTQ Nation - December 14th, 2025 [December 14th, 2025]
- Who is 2025s Tyrant of the Year? - Index on Censorship - December 14th, 2025 [December 14th, 2025]
- YouTube and big tech censorship threatens global accountability, Palestinian rights groups say - Mondoweiss - December 14th, 2025 [December 14th, 2025]
- Elons Crying Censorship Over An EU Fine That Has Nothing To Do With Censorship - Above the Law - December 14th, 2025 [December 14th, 2025]
- Opinion | We Should Teach Our Students How to Think, Not What to Believe - The New York Times - December 14th, 2025 [December 14th, 2025]
- Tyrant of the year 2025: Donald Trump - Index on Censorship - December 14th, 2025 [December 14th, 2025]
- Tyrant of the year 2025: Vladimir Putin - Index on Censorship - December 14th, 2025 [December 14th, 2025]
- Tyrant of the year 2025: Recep Tayyip Erdoan - Index on Censorship - December 14th, 2025 [December 14th, 2025]
- Tyrant of the year 2025: Mullah Hibatullah Akhundzada - Index on Censorship - December 14th, 2025 [December 14th, 2025]
- Tyrant of the year 2025: Ayatollah Ali Khamenei - Index on Censorship - December 14th, 2025 [December 14th, 2025]
- Trump Is Using the Misinformation Censorship Playbook Republicans Attacked Biden For - Reason Magazine - December 12th, 2025 [December 12th, 2025]
- What we learned about free speech in 2025 - Good Authority - December 12th, 2025 [December 12th, 2025]
- Under the radar: Israel steps up censorship and suppression of independent reporting - Committee to Protect Journalists - December 12th, 2025 [December 12th, 2025]
- Education advocates urge Hochul to sign bill aimed at combating censorship in schools - WAMC - December 12th, 2025 [December 12th, 2025]
- ICEBlock app sues Trump administration for censorship and 'unlawful threats' - NPR - December 12th, 2025 [December 12th, 2025]
- OnePlus Removes AI Writing Feature After Reports of China-Focused Censorship - PCMag - December 12th, 2025 [December 12th, 2025]
- Tyrant of the year 2025: John Lee - Index on Censorship - December 12th, 2025 [December 12th, 2025]
- Facing Criticism, Weber State Says It Will Be More Nuanced - Inside Higher Ed - December 12th, 2025 [December 12th, 2025]
- Snapshots of Censorship: The Cost of Criticizing the President - PEN America - December 12th, 2025 [December 12th, 2025]
- Meta shuts down global accounts linked to abortion advice and queer content - The Guardian - December 12th, 2025 [December 12th, 2025]
- Tyrant of the year 2025: Nayib Armando Bukele - Index on Censorship - December 12th, 2025 [December 12th, 2025]
- LGBTQ+ and abortion organisations claim Meta is silencing their accounts in huge censorship sweep - attitude.co.uk - December 12th, 2025 [December 12th, 2025]
- Kentuckians feared the post-war world. So they burned their kids comic books - Lexington Herald Leader - December 12th, 2025 [December 12th, 2025]
- ICE tracking app sues Trump admin for abuse of govt power, censorship; says admin pressured Apple to remove app - CNN - December 12th, 2025 [December 12th, 2025]
- Pro-Life Pregnancy Centers Case: Even the ACLU Calls NJ Actions 'Censorship by Intimidation' - cbn.com - December 12th, 2025 [December 12th, 2025]
- Tyrant of the year 2025: Narendra Modi - Index on Censorship - December 12th, 2025 [December 12th, 2025]
- ICEBlock Developer Sues Trump Admin Over Censorship 12/09/2025 - MediaPost - December 12th, 2025 [December 12th, 2025]
- OnePlus temporarily disables a major AI feature following allegations of censoring sensitive geopolitical terms - PhoneArena - December 12th, 2025 [December 12th, 2025]
- Despite censorship woes and the terrifying price of RAM, 2025 was the year I fell back in love with PC gaming - GamesRadar+ - December 12th, 2025 [December 12th, 2025]
- Internet Censorship Tools Exported Along Belt and Road - The Jamestown Foundation - December 12th, 2025 [December 12th, 2025]
- 'There's too much censorship, restrictions': Mona Singh says the kind of shows OTT streams 'would never be shown on TV' | Hindustan Times - Hindustan... - November 30th, 2025 [November 30th, 2025]
- Cultural heritage organizations need continued funding and freedom from censorship [letter] - LancasterOnline - November 30th, 2025 [November 30th, 2025]
- NetChoice Disappointed in 11th Circuits Ruling Allowing Florida to Enforce Its ID-for-Speech Law - NetChoice - November 30th, 2025 [November 30th, 2025]
- David Rieff: To be truly woke, wed have to even censor the pyramids of Tenochtitlan - EL PAS English - November 30th, 2025 [November 30th, 2025]
- In memory of Sir Tom Stoppard, a visionary dramatist and fierce champion of free expression - Index on Censorship - November 30th, 2025 [November 30th, 2025]
- Salman Rushdie: BBC removal of Trump criticism was cowardly - UnHerd - November 30th, 2025 [November 30th, 2025]
- A movie that drove Canadian censors wild returns to the screen - CBC - November 30th, 2025 [November 30th, 2025]
- Posters with purpose: the analog protest calling out the censorship of womens health - Tech.eu - November 30th, 2025 [November 30th, 2025]
- Dmitry Glukhovsky on exile, censorship and the dystopia of modern Russia - Reuters - November 28th, 2025 [November 28th, 2025]
- Police accused of censorship after officers raid Standing Together event in Haifa report - The Times of Israel - November 28th, 2025 [November 28th, 2025]
- Pop Star Googoosh on Irans Censorship, Exile and Her Fight to Perform - Newsweek - November 28th, 2025 [November 28th, 2025]
- Ali Asgari on Satire, Censorship, Absurdities Behind 'Divine Comedy' - Variety - November 28th, 2025 [November 28th, 2025]
- How Steam censors LGBTQ+ content on behalf of the Russian Government, 27/11/2025 - Video Games Industry Memo - November 28th, 2025 [November 28th, 2025]
- MTV Banned Madonna's 'Justify My Love' Music Video in 1985 for Being Too Racy. The Censorship Backfired Spectacularly - Yahoo - November 28th, 2025 [November 28th, 2025]
- Iranian Filmmaker Ali Asgari on Satire, Censorship and Absurdities Behind Divine Comedy: You Show How Silly and Stupid the Rules Are - IMDb - November 28th, 2025 [November 28th, 2025]
- BBC Accused Of Censorship After Removing Claim That Trump Is Most Openly Corrupt President In History From Prestigious Radio Show - deadline.com - November 28th, 2025 [November 28th, 2025]
- Freedom of speech needs freedom of thought - Index on Censorship - November 28th, 2025 [November 28th, 2025]
- Trkiye: Political pressure, judicial harassment and censorship targets media - ARTICLE 19 - Defending freedom of expression and information. - November 28th, 2025 [November 28th, 2025]
- On the Sweeping Supreme Court Decision That Led to Widespread High School Censorship - Literary Hub - November 28th, 2025 [November 28th, 2025]
- Valve block Steam game with queer art in Russia after state censor attacks it for promoting non-traditional sexualities - Rock Paper Shotgun - November 28th, 2025 [November 28th, 2025]
- Quebec universities warn Bill 1 could force schools to self-censor - Montreal Gazette - November 28th, 2025 [November 28th, 2025]
- VICTORY AGAINST STATE CENSORSHIP Alternative news organization Bulatlat hails a Quezon City court decision that nullified the blocking of its website... - November 28th, 2025 [November 28th, 2025]