Obscenity or artistry? Ulysses in Nighttown, adapted from the James Joyce novel, Credit: Barham/Mirrorpix/Getty

There’s nothing worse than a puritanical postman. When James Joyce’s Ulysses was being serialised by The Little Review, an American literary journal edited by Margaret Anderson and Jane Heap, it was the US Postal Authorities who intervened to prevent its distribution. Copies were seized and burned, and after the book’s thirteenth chapter (“Nausicaa”) was published – in which Leopold Bloom masturbates as he watches three girls on Sandymount Strand – the New York Society for the Suppression of Vice decided to get involved.
The ensuing trial would see Anderson and Heap convicted for obscenity and the serialisation of Ulysses discontinued – perhaps the most famous overreaction to a wank since God killed Onan. The trial took place almost exactly a century ago and, inevitably, our conception of “obscenity” has shifted beyond recognition. By modern standards, Joyce’s imaginative elision of Bloom’s ejaculation on the beach with a nearby firework display seems euphemistic rather than obscene:
“And then a rocket sprang and bang shot blind blank and O! then the Roman candle burst and it was like a sigh of O! and everyone cried O! O! in raptures and it gushed out of it a stream of rain gold hair threads and they shed and ah! they were all greeny dewy stars falling with golden, O so lovely, O, soft, sweet, soft!”
In the early twentieth century, however, such imagery was always bound to upset the censors. Ezra Pound, the man most responsible for persuading the editors of The Little Review to publish the novel, acknowledged the risk in a letter to Joyce: “I suppose we’ll be damn well suppressed if we print the text as it stands. BUT it is damn well worth it.”
Today most of us would regard the very notion of obscenity to be as hopelessly subjective as taste in music or sense of humour. But even 40 years after the aborted Ulysses serialisation, the judge and chief prosecutor in the 1960 trial against Penguin Books — who had just published D. H. Lawrence’s novel Lady Chatterley’s Lover — were left bewildered by the jury’s disposition to acquit. Much was made during the trial of lead prosecutor Mervyn Griffith-Jones’s opening statement, in which he asked the jury to consider whether the novel was something “you would wish your wife or servants to read”.
The defence understood something that Griffith-Jones could not: that this was a trial about incomparable social values. For a certain class of citizen, Lawrence’s novel was an unambiguous attack on British morality. But this did not square with the lived reality of a population on the cusp of a sexual revolution. For Griffith-Jones, the appearance of the words “fuck” and “cunt” in the pages of a book surely disqualified it from the possibility of literary merit. What he would have made of the appearance of “Cunty Kate” in Chapter Fifteen of Ulysses is anyone’s guess.
Despite his noble intentions, Griffith-Jones was not blessed with a literary instinct, and was clearly unfamiliar with the ways in which obscenity has always been an important tool for writers. In Chaucer’s Canterbury Tales, for instance, “the Miller’s Tale” is offered as a direct response to that of the Knight, which is why the high style of courtly love gives way to phrases such as “prively he caughte hire by the queynte”. In Twelfth Night, Shakespeare mocks the puritan Malvolio by having him inadvertently spell out the word “cunt” while examining the handwriting of a forged love letter: “these be her very C’s, her U’s and her T’s”. (The “N” was marked with the word “and”, a commonplace abbreviation). If obscenity has the imprimatur of the great bard, might this not give even the staunchest of prudes pause for thought?
In practice, obscenity laws do little more than codify a sense of disgust, an experience that we all share to some degree but that cannot possibly be universalised. It was not until the Obscene Publications Act of 1857 and the trial of Regina v. Hicklin eleven years later that the legal test of obscenity was established as whether the material has the potential “to deprave and corrupt”, an amorphous formulation if ever there was one. Yet the Hicklin test was retained in the Obscene Publications Act 1959, legislation that remains on the statute books today.
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