Many free speech controversies over the years have involved art that is offensive to some
religions. Communication, whether in spoken or written speech or a behavior that is considered
insulting, degrading, or contemptuous of a god or a form of religion, is called blasphemy. In the
United States, the U.S. Supreme Court declared for the first time that blasphemy is protected
speech under the First Amendment in 1952 in a decision called Joseph Burstyn, Inc. v. Wilson.
A film by the great Italian movie director Roberto Rossellini called The Miracle applied to the
state of New York for the license then required for commercial showing of any film. The state
prohibited licensing of any film considered “sacrilegious,” which the New York courts defined as
meaning that “no religion. . . shall be treated with contempt, mockery, scorn and ridicule.” The
Supreme Court struck down that law and said for the first time that films are protected speech
under the First Amendment. The court was concerned that giving so much power to a
government censor might cross the Constitution’s guarantee of a separation of church and
state. The Court, while noting that free speech is not an absolute right, said that “It is not the
business of government in our nation to suppress real or imagined attacks upon a particular
religious doctrine.
Ireland recently adopted a blasphemy law, while England and Wales abolished theirs in
2008. Australia has a ban on blasphemy on the books, but has not prosecuted anyone under it
since 1919. Canada includes a crime of “blasphemous libel” in its Criminal Code, but that is in
apparent conflict with its guarantees of free speech, and it is unclear whether the Criminal code
provision would actually be enforced today.
For each of the examples below, search the Web for images of the work. Do you believe
the work is “blasphemous”? Should it be censored, despite legal free speech protections? Using
ethical theories in this chapter, develop arguments in favor of and opposed to censorship. Then
consider the ethical obligations of the presenter to display the work or keep it from public
display.
What will be an ideal response?
1. The film The Miracle, which some considered blasphemous to the Roman Catholic
Church
2. Chris Ofili is a Nigerian-British artist who often works with cow dung as a material in his
paintings. His The Holy Virgin Mary was exhibited at the Brooklyn Museum of Art in 1999
as part of the exhibit called "Sensation," originally organized by the Tate Museum in
London. Then-Mayor Rudolph Giuliani attacked the painting as blasphemous and
threatened to withdraw the Museum's city funding, but the Museum sued and won.
3. Andres Serrano created a photograph of a crucifix in a jar of yellow liquid, which people
presume was urine. The work, called Piss Christ, was widely criticized as blasphemous
to the Catholic Church.
4. In 2005 a Danish newspaper published cartoons depicting the face of Muhammad which
triggered violent protests in Muslim communities in many countries. The Muslim religion
prohibits the display of any images of Muhammad, let alone images which most consider
critical and offensive.
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Indicate whether the statement is true or false.
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A. Psalm 33 B. Psalm 34 C. Psalm 35 D. Psalm 36
According to your text, of the 20,000 human genes, how many are unique to humans and not found in other animals?
A) 300 B) 18,000 C) 10,000 D) 1,000
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