Thursday, 13 June 2013
Porn is free speech
In her article”WHEN LAW MOVES QUICKER THAN CULTURE: KEY
JURISPRUDENTIAL REGULATIONS SHAPING THE US
ADULT CONTENT PRODUCTION INDUSTRY ,“Dr. Chauntelle Tibbels argues that relevant legal proceedings occurring during three eras of U.S. adult content production and distribution show pornography’s evolution from clandestine enterprise to legal, protected free speech. This evolution parallels the development of an
adult content production industry in California. And although two recent
obscenity-related adult content production, sales, and distribution
convictions have occurred, these cases were related to exceptional material
that violated the Cambria List guidelines.The vast majority of
adult content produced since the Miller decision is not obscene; consequently,
in this respect, the adult content production industry is a legal
legitimate space working to meet consumer demands with a legal legitimate
product.
“ It is important to note that instances of anti-pornography rhetoric, organizing, and activism occurring in wider U.S. culture are almost endless, as are instances of
discrimination against persons currently or formerly involved in adult
content production.”
“What is more, one could argue that the specific
cases discussed in this essay are themselves just additional indicators of
cultural discord related to adult content and adult content production.
The question then remains—why? Why, in spite of its legal and protected
status, are adult content and adult content production still stigmatizing
and polarizing dimensions of U.S. culture?”
Relevant case law regarding obscenity engaged in conjunction with historical
sociological considerations of cultural attitudes about adult entertainment
point to legal findings that are out of step with sociocultural evolution.
"Wider U.S. culture continues to struggle with pornography; however,
in terms of obscenity, U.S. law does not. Legal proceedings cleared the
way for adult content production and industry development, not legislation
or voter sentiment."
“Members of the adult entertainment community were only able to establish
legal footholds within the context of greater U.S. culture by fighting
back when attacked, demanding First and Fourth Amendment
rights.”
“ And, in spite of continued stigma and marginalization, the adult
entertainment industry as a whole acts as a protective sentinel for every
individual’s right to free expression. “
“In terms of adult content producers’ civil rights, however, law has moved much more quickly than culture. Though considerations of continued discrimination against pornography and adult content production are extremely troubling, in a society that
continues to marginalize queer persons and the socio-economically disadvantaged
(among so many others), marginalization is not exactly surprising.”
Labels:
culture,
free speech.,
obscenity,
porn
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I'll never understand why one set of people want to regulate the sexual practices of another set of people. I think it's a mixture of fear and wanting to feel a sense of superiority.
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