Cultural conflicts and problems of free speech: Comparative free speech in the United States and Japan as exemplified by limits on sexual expression.

摘要

In this research, obscenity court decisions from United States and Japan are examined comparatively to present what kinds of culturally unique values and beliefs found in each society's historical experiences and cultural practices affect the way in which contemporary courts decide cases involving sexual expression. Although both nations share similar interests in pursuing freedom of speech guaranteed in their constitutions, their courts' rulings on free speech cases are uniquely different. Each country's cultural norms, values and beliefs justify the restriction of speech, and laws can become an ideological apparatus. Court decisions may help society and individuals construct the idea about what kinds of speech should or should not be accepted.While free speech rights may be considered an essential element for democratic governance, the suppression of sexual expression is a considerably complex problem in democratic societies. The discussion of sexuality may still be labeled as an issue to be condemned as a public debate, while with the technological innovation, the adult entertainment industries in the United States and Japan grew significantly in the last thirty years. While the public discussion about sex can no longer be avoided because of its effects on our everyday life practices regarding political, economic, medical, technological and religious activities, the legal systems of both nations are not willing to deregulate sexual expression any further because of the universal beliefs in the harm of sexual expression to society's welfare.This research reveals that both nations apply moral-based theories to restrict sexual expression. In the United States, the Puritan influence on morality regarding sex is still significant despite the secularization of society and strong awareness of individual rights to speak freely. Japanese courts rule on obscenity decisions through values derived from traditional ideologies, such as Bushido and Kokutai, which have been maintained and reaffirmed continuously since the Meiji period. The conservative rulings in obscenity cases by the American and Japanese courts are aimed to preserve sexual morality as an important constituent of nationalistic identity as "civilized" societies. The identity of the "civilized" becomes an eminent aspect for these nations to develop political and economic power over not only domestic situations but also global affairs.