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The Repeal of Reticence: A History of America's Cultural and Legal Struggles over Free Speech, Obscenity, Sexual Liberation, and Modern Art
 
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The Repeal of Reticence: A History of America's Cultural and Legal Struggles over Free Speech, Obscenity, Sexual Liberation, and Modern Art [Hardcover]

Rochelle Gurstein (Author)
5.0 out of 5 stars  See all reviews (1 customer review)


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Book Description

August 1996
The battle between public incivility and private tact has never been more relevant.

This striking work explores the arguments made for and against three forces that have transformed American life in the past century--invasive journalism, realistic fiction, and sex reform. Rochelle Gurstein examines the unexpected consequences of the victory of the "party of exposure," which opened the public sphere to once private matters, and considers the positions of the "party of reticence," which believed that an indiscriminate display of private matters deformed taste and judgment, lowered the tone of public conversation, and polluted public space. Gurstein's penetrating analysis establishes the vital connection between legal-cultural history and current debates over obscenity, privacy, and public decency.

--This text refers to the Paperback edition.


Editorial Reviews

From Publishers Weekly

Public discourse today, asserts Gurstein in this jeremiad, is a noisy, vulgar circus where privacy and modesty are flouted, and where so-called avant-garde artists invoke free-speech rights to justify violent, dehumanizing or pornographic works. Her rigorous study charts the death in the U.S. of a "reticent sensibility" valuing tact, discretion, good taste and politeness. Among the chief destroyers of this sensibility, she argues unpersuasively, were intrusive, sensationalistic journalists dating back to the 1830s penny press; realist novelists like Theodore Dreiser and William Dean Howells; and sex reformers such as Margaret Sanger, Mary Ware Dennett and Emma Goldman who discredited their Victorian forbears by equating reticence with prudery, evasion and hypocrisy. Gurstein, who teaches history and other subjects at Bard Graduate Center in Manhattan, covers landmark cases such as the 1933 trial exonerating James Joyce's Ulysses of obscenity charges, as well as cases that steadily eroded the right to privacy as defined by Louis Brandeis in 1890. In Gurstein's analysis, H.L. Mencken, Walter Lippmann, Joseph Wood Krutch and Philip Rahv reformulated aspects of the reticent creed, but mass culture won out, abetted by Olympia Press erotic publisher Maurice Girodias and Susan Sontag's defense of pornography as an art form. Gurstein brings a historical dimension to current debate over free speech and media responsibility.
Copyright 1996 Reed Business Information, Inc.

Review

A rare work of serious cultural history that manages to achieve that shiniest of academic goals: contemporary relevance. -- Tom Frank, Newsday

A strongly argued history of the struggle between public and private. -- Roger Shattuck, The Wall Street Journal --This text refers to the Paperback edition.

Product Details

  • Hardcover: 357 pages
  • Publisher: Hill & Wang Pub; 1st edition (August 1996)
  • Language: English
  • ISBN-10: 0809080699
  • ISBN-13: 978-0809080694
  • Product Dimensions: 9.5 x 6.2 x 1.3 inches
  • Shipping Weight: 1.4 pounds
  • Average Customer Review: 5.0 out of 5 stars  See all reviews (1 customer review)
  • Amazon Best Sellers Rank: #393,357 in Books (See Top 100 in Books)

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25 of 25 people found the following review helpful:
5.0 out of 5 stars Great treatment of the defeat of reticence by exposure, June 30, 1998
By 
Bartleby (Tallahassee, FL) - See all my reviews
This review is from: The Repeal of Reticence: A History of America's Cultural and Legal Struggles over Free Speech, Obscenity, Sexual Liberation, and Modern Art (Hardcover)
Using a quiet, restrained writing style that is a pure pleasure to read, Gurstein chronicles the one-sided battle between the party of exposure and the party of reticence. She is on the side of reticence and writes with the pained nostalgia of a Southerner describing aspects of the War Between the States. Guerstein knows that reticence is a lost cause; she asks only whether it should be.

Gurstein makes a quiet case for the reintroduction of taste, judgement, and sensibility into our public lives. This is a common theme these days. What is uncommon is that she derives her "argument" (always presented with the greatest of civility) from the distortion of privacy that somehow led from Brandeis's great legal work on privacy to the transformation of social man to private men and women and eventually to the public dissemination of all sorts of private matters. This is innovative and intriguing.

Reticence should emerge from the coordinated behavior of civilized persons; it should not be coerced by legislation and litigation. It is thus especially appropriate that Gurstein never hectors or lectures. Instead, she paints such a delightful alternative portrait of life, far from morning talk radio, nightly real tv, and ever-present commercial messages in nearly all media, that she inspires the reader to aspire toward at least some aspects of reticence.

I felt that Gurstein did not define reticence early enough and failed to take advantage of the opportunities to add more detail as the book progressed. I assume that the party of reticence acquired useful knowledge over time, such as after its (happily) failed efforts to prosecute the publisher of Joyce's Ulysses. But these reservations are minor.

My most serious concern is whether the domestic party of reticence has foreign (and sometimes not-so-foreign) counterparts in governments that have successfully enforced taste through stern rule of law. I would have appreciated a treatment of these cultural (or anti-cultural) forces. Althoug! h very difficult, such an effort would have greatly sharpened my understanding of the tenets of the party of reticence and its role in our society. Gurstein surely knows that the mere existence of such potential counterparts to her domestic party of reticence may chill further inquiry; after all, she records numerous instances in which the party of exposure has dangled straw men for talismanic protection from true debate. It would be very useful if Gurstein, accounting for the human rights of those oppressed by governmental regimes, could make a better case for the human rights of those increasingly oppressed by the party of exposure, whose methodology of oppression is vastly different. The incremental personal losses to the party of exposure do not lend themselves to the same degree of drama, but possibly, over a sufficiently long period of time, they can present, cumulatively, a meaningful loss of freedom.

Henry James wrote that the words, "summer afternoon" were the most pleasant in the English language. Take a summer afternoon (or two) to read this euphonious essay for a refreshing breather from the cacophony of Howard Stern, Don Imus, and their local knock-offs; follow-up news stories on Viagra; Judge Judy; infomercials; network news; and the culture of money, sex, power, and fame hustled by the print and electronic media.

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