Abstract Through the examination of a criminal trial that took place in Vienna in January and February 1968, this article explores postwar Austria’s treatment of pornography. It argues that the 1950 law criminalizing pornography in Austria was a product of the Second Republic’s consensus-driven politics and emphasis on international obligations under a 1923 international treaty against obscenity. The spectacle of the presiding judge berating defendants on trial in 1968 sparked public outrage and calls for legal reform. The Austrian government strove to liberalize the country’s obscenity laws but soon abandoned these efforts. Through a comparison to Denmark and West Germany, the article suggests that the failure of legislative reform in Austria resulted from an emphasis on political consensus and on international law, as well as the terms of the debate over pornography after the 1968 trial, focused on restraining judicial power rather than artistic liberties and free speech.
David Petruccelli (Tue,) studied this question.