From today's perspective, this court transcript from 1968 seems rather quaint, but it represents a transitional moment in American culture. The publication Earth Rose, created by poet Steve Richmond, was declared obscene in Los Angeles County, California; he was charged and a trial on a misdemeanor charge was held. Here's background on the case. In addition to a written statement, Kurt testified in person on behalf of the defendant. In doing so, he had the opportunity educate the judge about literary criticism and the history of poetic styles. Ironically, the word "Fuck"--its use still illegal in some settings--is liberally spoken and its meaning explored during the trial. From the transcript:
THE COURT: Well, what works, if any, would you consider to be obscene?
THE WITNESS: Okay. Let me talk about this publication for example. I would say if you had your choice between two words and one of them were obscene, it would be "Hate" that is obscene.
THE COURT: "Hate" is obscene?
THE WITNESS: And not "Fuck." I think there is a lot of hate and I am speaking very personally here. I am not for a minute suggesting that this was the intent of the poet, but if something morally offends me, it is to see human suffering that is permitted to continue knowingly, and I think that is working definition of hate.
I think that does happen in the world today. It is no new revelation. All of us know it. I think that some scenes of people dying in our living rooms on television in the war in Vietnam rightly or wrongly, I am not suggesting that, I am speaking as a veteran. I have served my time. I have no problem about that.
THE COURT: No.
THE WITNESS: I am saying that here our problem is when women and children are shown dying and somebody opens another can of beer, that gets much closer to the sense of what is obscene in the world.
Illustrations and hyperlinks have been added to this transcript that further illuminate the references made in the hearing.