Fuck

Ohio State Public Law Working Paper No. 59

Center for Interdisciplinary Law and Policy Studies Working Paper Series No. 39

78 Pages Posted: 17 Apr 2006

See all articles by Christopher M. Fairman

Christopher M. Fairman

Ohio State University (OSU) - Michael E. Moritz College of Law

Date Written: March 2006

Abstract

This Article is as simple and provocative as its title suggests: it explores the legal implications of the word fuck. The intersection of the word fuck and the law is examined in four major areas: First Amendment, broadcast regulation, sexual harassment, and education. The legal implications from the use of fuck vary greatly with the context. To fully understand the legal power of fuck, the nonlegal sources of its power are tapped. Drawing upon the research of etymologists, linguists, lexicographers, psychoanalysts, and other social scientists, the visceral reaction to fuck can be explained by cultural taboo. Fuck is a taboo word. The taboo is so strong that it compels many to engage in self-censorship. This process of silence then enables small segments of the population to manipulate our rights under the guise of reflecting a greater community. Taboo is then institutionalized through law, yet at the same time is in tension with other identifiable legal rights. Understanding this relationship between law and taboo ultimately yields fuck jurisprudence.

Keywords: Cohen, Pacifica, First Amendment, psycholinguistics

JEL Classification: K10, K14, K19, K40, K42

Suggested Citation

Fairman, Christopher M., Fuck (March 2006). Ohio State Public Law Working Paper No. 59, Center for Interdisciplinary Law and Policy Studies Working Paper Series No. 39, Available at SSRN: https://ssrn.com/abstract=896790 or http://dx.doi.org/10.2139/ssrn.896790

Christopher M. Fairman (Contact Author)

Ohio State University (OSU) - Michael E. Moritz College of Law ( email )

55 West 12th Avenue
Columbus, OH 43210
United States
614-292-2422 (Phone)
614-292-2035 (Fax)

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