Canary in the Coal Mine - Day

Friday, March 6, 2009

2:19AM

Stephen Carr, a drifter lurking in the woods near the Appalachian Trail, saw two lesbian women making love in their campsite. He shot them, killing one and seriously wounding the other. At trial, charged with first-degree murder, he argued for mitigation to manslaughter on the grounds that his disgust at their lesbian lovemaking had produced a reaction of overwhelming disgust and revulsion that led to the crime.3 In a 1973 opinion that still defines the law of obscenity, Chief Justice Warren Burger wrote that the obscene must be defined in a manner that includes reference to the disgust and revulsion that the works in question would inspire in "the average person, applying contemporary community standards." To make the connection to disgust even clearer, Justice Burger added a learned footnote about the etymology of the term from Latin caenum, "filth," and cited dictionary definitions defining obscenity in terms of disgust.

— Martha C. Nussbaum, Hiding from Humanity: Disgust, Shame, and the Law

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