Pornography

obscenity

offensive to morality

Feminist View on Pornography

sexually explicit material that depicts women being coerced, abused, dominated, degraded in such a way to endorse their subordination a. Porn subordinates women

Erotica

sexually explicit material that equality between sexual partners a. Erotica shows women as genuinely equal and consenting participants

the roth test

a. The First Amendment did not protect materials that were utterly without redeeming social importance b. The test determined obscenity was whether to the average person applying contemporary community standards, the dominant theme of the material taken as a whole appeals to prurient interest

the hickilin test

a. The test of obscenity is whether the tendency of the matter charged as obscenity is to deprave and corrupt those whose minds are open to such immoral influences and into those hands a publication of this sort may fall"

Consensus

i. It can be applied → community standard: child porn (depicting children in sexual acts) unifies citizens' disgust and, on average, everyone dislikes it ii. It does not have to be applied → children are sexually exploited: protecting interests of individuals who are not fully mature to understand the nature and the impact of their decisions and choices

pornography

intended to stimulate sexual desire legal term: Public aspect of life

Liberal View on Pornography

pornography is a "low-value" spee1. Right of free speech and expression: (almost) absolute right → a freedom that cannon be legitimately restricted by the state (unless it causes harm to others) 2. Right to privacy → a right that protects a sphere of private activity in which individuals can explore and indulge their own person tastes ch but should be protected as the right to free expression

Conservative View on Pornography

pornography should be banned 1. Uphold and enforce community's moral conviction and 2. Prevent citizens from engaging in activities that offend prevailing community standards

the miller test

Obscene material is not protected by the Constitution (like Roth) taken as a whole, lacks serious literary, artistic, political or scientific value