Tuesday, October 15, 2019
Censorship v Pornography Essay Example for Free
Censorship v Pornography Essay 1.0  Introduction:      This paper seeks to determine whether there is basis to use censorship to deal with pornography, based on critical assessment of the feminist debates about the issue. In addition, an examination on how pornography is made similar to prostitution, drugs, and other marginal crimes will be analyzed given its roots in moral judgments and the ambiguous nature of its harms. Knowing the possible harms that are associated with pornography and the reasons for the need for its regulation will also form part of the analysis with the end view of evaluating whether censorship is the solution to pornography.  Analysis and Discussion 2.1 What is pornography?      To understand pornography, there is a need to look at it from its background up to present times.  Webb (1995) attempted to study more profoundly by looking back at the sexual practices that have been depicted in many cultures, from Greek, and Roman to Chinese and Japanese, for centuries. She found that the term pornography was just used to describe some of these depictions in much recent times. She explained that the term arose together with certain aspects of the tyrannical sexual morality developed by the capitalist ruling class during the 19th century.  She blamed the polarization of the Victorian period which caused dividing the line on what was â€Å"respectable†and what was not between women’s groups (Webb, 1995).     The basis of this respectability was related to the ‘dangers’ of female sexuality and its regulation and that women were required into an inflexible duality. Women were therefore categorized into â€Å"good†women who were asexual, â€Å"chaste’ before they have their marriage and â€Å"pure†after.  Thus, Webb argued that sex was only necessary for reproduction not pleasure, and the consequence was to confine the same to married heterosexual couples. As a result, women that were found to have sexual activities outside this unbending rule were condemned and which ultimately led to prostitution (Webb, 1995).      The issue of pornography was felt more in the some countries than others. Webb (1995) cited about the laws of pornography and obscenity in England and the US which covered much more than others as censorship in there is extended to the production, sale, and possession or transacting of written and graphic sexual material. The issue even went as far as banning contraceptive or abortion drugs, devices and information; and making it a crime to have homosexual behavior between consenting male adults. The result of these prohibitions was also to give police greater summary power over working class women and children because of threat of charging women and children the violation of the laws which may not be obviously be made to men (Webb, 1995).      The notion of pornography cannot be detached from its forms of art access to which was restricted to capitalistic men claiming to have some sort of academic interest. As such censorship was directed only against  women, children and working-class men that resulted to discrimination. The limitation or restriction to access to pornography limited occasions for questioning the supposed to be proper values for sexuality, for women and for the family. Webb (1995) explained that the practice had the effect of the having and philosophy reinforcing the family system, which was understood to be the basic unit of capitalist society.       The effect of this practice is to limit women into the private area of the home and their domestic labor. This caused these women not to create commodities for sale on the market. Getting unpaid for their work at home, feminists believe that this resulted to their economic reliance upon fathers and or husbands as further toughened by their limited access to education and properly paid work. If ever they get employed they will eventually be paid the lower rate. They also lost control over their fertility and expression of sexuality. To make matters  worse, society has criminalized violation of pornography and this has affected the women even more. Sexual freedom was therefore curtailed during the 19th century (Webb, 1995).  2.1.1 Defining pornography and its problems       The dramatic change that has happened with pornography since the term was first used in the 19th century is just simply obvious.  Webb (1995) explained that during that time there was nothing about what is scientific, medical, artistic or popular context to be exempted from the liability for violating pornography. It was only by the 20th century pornography when exemption could be had from pornography on the claim of being scientific or artistic merit.  Pornography then was defined under the general line as something that is produced for the purpose of producing sexual arousal, having no other â€Å"redeeming†feature. This is based on the assumption that to set out intentionally to produce sexual arousal is dreadful but if the main objective of the work is scientific or artistic, and the possibility of sexual arousal is only incidental, then these higher purpose may excuse the publication (Webb, 1995).      Given therefore the definition of the pornography, it would mean that pornography is relative to the eye of the viewer and in which, case it becomes an evil and not an art for those who cannot explain that is an art or not scientific to those who are uneducated.      Thus pornography could be defined in terms of suppression and containment of sexuality and sexual arousal which confuse things. Webb (1995) argued that images of sexuality can be positive and affirming and she cited the case of many lesbian and gay male definitions and positive images of their sexuality that have played an important part in their fight for democratic right and against persecution. She put in parallel that feminism had similarly redefined gender roles of masculinity and femininity, sexuality, and sensuality by using positive views and affirmations of choice and experimentation rather than passivity and submissiveness. By so having positive affirmations, sexual terms like what is erotic and what is pornographic could be delineated when properly debated upon and tested out so as to challenge the  old morality where it was defined by olden times that sexuality itself is hazardous and perilous to women (Webb, 1995)       What can be seen therefore is a confusion as to proper definition of pornography and its propriety of defining as such would seem to depend on less number of who are against it or lack of sufficient number of those show can express themselves that pornography is not evil to them. If such is the case, it would seem that level of maturity in terms on moral belief is something that other people or the state can dictate upon the members of the community especially the women although the latter are already in their adulthood.       To purpose of pornography definition is only required if one is to make a law about pornography but as admitted by Kuhn (1988) pornography is â€Å"social construct†¦ subject to historical variations.† It could therefore be established that pornography is a matter of culture where morality is relative. What is erotic to one culture may be pornographic to others (Webb, 1995). 2.2 What is censorship?       There are two views on the matter of censorship. There are those who are against and there are those who favor (Rodgerson and Wilson, 1991) of its use to control pornography. While both views espouse the causes how to promote women’s rights, their approaches how to fight for their causes are different. Webb (1995) cited feminists groups like Dworkin and MacKinnon who elevated the abolition of pornography to a strategy for liberating women. Dworkin (1981) stated that pornography is the belief that could explain all forms of women’s oppression and hence she espoused banning the same. The choice to ban pornography to liberate women is based on the view that women’s repression is caused by the power of an inherently female sexuality.  It assumes that all men are dormant rapist, in the making to be activated by pornography. Thus it was said that pornography is the theory and rape is the practice (Webb, 1995).      The proponents’ assumption that men are rapist waiting to be activated by pornography could not be said to be already established. Thus on the basis of the great probability of wrong assumption, pornography then could not just be solved by censorship.  Until scientific evidence therefore is established what is assumed could be validated empirically, it is really very dangerous to make such an assumption since laws that would be passed would not have also logical if not substantial basis to actually address the issue of pornography correctly.       Expressing disagreement on the assumption about men in the banning pornography, Webb (1995) explained that this is a biological determinist view that does not allow much scope for women’s liberation but rather it was more an attempt by individual women to totally separate themselves from any likely contact with men. She argued that if all men are inherently oppressors of all women then women may just as well give up struggling now (Webb, 1995). She therefore saw the wrongness of the assumption that men are presumed rapist.  She argued that although people are socially conditioned to behave in certain ways, those who espouse the belief that men are presumed rapist, necessarily disregard the very important element of self-consciousness, reflective and reasoning power, and emotional response. Citing contradiction with scientific evidence, Webb (1995) asserted that to see men as programmed for violence not only endorses the most conservative view of human nature, it also absolves men of any responsibility for their actions.      The argument that men are programmed or conditioned to rape of women absolves men of responsibility is tenable because it presupposes the absence of choice or freedom which is an element in crimes or statute violation of statutes. Freedom of choice is necessary to hold one accountable but to impose the belief that men are programmed to act would defeat the very purpose of defining crime where there is an assumption that men are waiting women to rape after reading the so called â€Å"pornographic†materials.     Coward (1982) supported this latter view when she attacked the view of an inherent aggressive male sexuality.  Coward reminded that the view implies that any expression of male sexuality will be oppressive to women. Thus she argued like Webb that the fight must be given up as women should withdraw from any public, or even private, exploration of sexuality in order to avoid male manipulation (Webb, 1995).     To argue therefore that censorship is the solution to violence against women is mixing up violent images and violent acts. Portrayal of rape and rape itself are obviously different although connection could be noticed. Since the two are not identical, it is wrong to treat them the same way. Censorship or banning a description or picture of a violent act is not dealing on the act itself or its causes.   Banning was based on the wrong assumption and the wrong premise. To equate a picture with the actual act would be missing the point by really confusing the issue that would amount to an overkill and it has the effect of portraying that man is really evil waiting to rape women. Doing this, however, would violate the right to freedom of expression, which is one of the inherent rights of the individuals. It is difficult to imagine how would one testifying in court who was a victim of rape, to tell people of the bad experience without at least using some depiction or illustration. It would be hard too for investigators to gather evidence if they cannot even take a picture of the crime scene involving rape victim if the latter act would be equated with the act of raping. How about the courts, will they be charged for pornography for trying supposedly pornography violations because of the depiction of sexuality made in the course of the trial? The argument to equate depiction to the actual is simply absurd. 2.3 The feminist debates about the issue of pornography.      The debates of feminists about the issue of pornography have something to do with addressing the issue of sexism and the proper approach to solve the same.  Webb (1995) argued that sexual images can be both positive and negative. She explained that images can challenge the old stereotypes of women as passive and sexuality as dangerous, by presenting instead erotic imagery of women’s sexuality as pleasurable and active. She presented that pornographic images can also represent violence, abuse and degradation.      Finding the way on how to deal with the two sides of sexuality and its imagery in today’s society is the crux of the issue among feminist. Hence censorship is a controversial issue among feminist as it seems to be the most noticeable solution offered on the table by those in power to solve pornography. Answering therefore whether censorship of pornography is the most effective strategy or whether it only deals with the images and not the acts of violence directed against women is an interesting question to feminists. It is also asked whether implementing censorship could sweep away positive explorations of sexuality through the imposition of a new repressive morality. Will censorship liberate women is also an issue by these feminists (Webb, 1995).        Webb (1995) explained that fact women had won many parts gains over the last two decades and these have generated a higher consciousness of sexism, especially among young women. She admitted that while many of these gains are now under attack, women of today have more choices and have expectations as a result of their liberalization as compared with the past (Webb, 1995).  That women now can expect going university, getting a job and receiving equal pay as against the absence of these about three decades ago must indeed be strong indications of greater rights for these women. 2.4 The depiction of women in all areas of lives     Confronting the portrayal of women in all areas of their lives is a battle that feminists must fight. Webb (1995) brought out the fact the women are never absent from the magazines or TV programs, newspapers, or from advertising that uses sex and women’s bodies to sell products. She added that at the same time  society seemed to be obsessed with sex, exploring our sexuality, especially for women, is actively repressed. She noted an example done 1992, where the federal government banned the distribution of a diary, the Fact and Fantasy File Diary that was produced by the Family Planning Association to provide information to young people on sexuality and sexual health (Webb, 1995). She argued that  banning the publication of these materials on the ground of being pornographic is just skirting around the problem of sexism (Webb, 1995). 2.5 How is pornography similar to prostitution, drugs, and other marginal crimes?       Pornography cannot be similar to prostitution, drugs and other marginal crimes since banning the pornography actually violates freedom from expression and banning the same creates more harm. The harms that are associated with pornography as described by those who are supporting censorship may have no basis at all and there is not reason to equate depiction of rape with actual rape. There is no known research that would show that is a great correlation between the number of read pornographic materials and crime committed in relation to sexuality as a result. Although this was what was propagated by those who support censorship, the US Supreme Court has spoken that the ordinance to implement banning of pornographic materials violates freedom of speech. It would appear therefore that if any forthcoming or existing law on pornography if there is any could be rightfully challenged in the Supreme Court for the latter to declare it unconstitutional. An unconstitutional law, code or ordinance would produce no effect of therefore would confer no right on the part of enforcers to arrest violators and no obligation on the part of the supposed subjects would be expected. 2.6 What are the possible harms that are associated with pornography?     The possible harms that are associated with pornography include the possible sexual abuses against children and women as a result of failure to regulate the same. The claims of those who support censorship could be numerous because of the attempt to equate depiction of the act to the actual act but as argued earlier depiction is different from the actual act. Therefore for the purpose of this paper said feared harms are not given emphasis since there in scientific basis to substantiate the presence of actual harms in pornography that should be addressed properly by the enactment of laws that would penalize its violations. 2.7 What are the reasons for its regulation?      The reason for the regulation of pornography is to prevent the possible abuses that could be committed as a result of misguided use of information. The fact that it should be regulated and not banned appears to be the more responsive solution to the problem.  It is for this reason that movies should not be banned but rather reclassified to suit proper audiences and in the implementation of who could watch certain films is a matter of regulation and not censorship. 2.8 Is censorship effective in dealing with pornography?      Given therefore the background of pornography, one could just wonder whether the problem is properly defined. If not properly defined, would it be correct then to have censorship as the solution? The correctness therefore of the solution to pornography would depend on the validity of the assumptions that were made.  By this paper not having seen any evidence that would validate the assumptions made, it could not easily accept censorship as a solution.     In relation whether censorship is the solution, Webb (1995) said making a law on pornography â€Å"throws up the dilemma of the producer’s intent as opposes to the consumer’s response.†Thus she cited an illustration where an author or painter may intend his or her work to be erotic or a form of social commentary but another person may view it as pornographic. As proof, the novel entitled Mercy written by Dworkin (1990) was itself attacked as one to be graphically describing the continuous rape, torture and humiliation of the main character in the novel (Webb, 1995). Dworkin was in effect contradicting herself in this respect as she espousing censorship of any depiction but her novel violates the rules that she is fighting for.      Given the attack on Dworkin’s work,  it can be assumed that the  intent was to expose violence against women, not that it be read for sexual excitement but as Webb (1995) said,  Dworkin’s novel is exactly the sort of material that could be banned under the laws she herself proposes.  What does this mean then? The supposed way of Dworkin to reach her audience in writing the book had to use some languages that could be understood to portray sexual imagination or depiction and if evaluated on the standard of what is obscene then such work should also considered obscene. One may argue that Dworkin may be just trying to explain what is pornographic. Precisely, that is what is meant by the difficultly of just describing anything about sex to be pornographic without really having to say or use the words related to its definition (Webb, 1995).      Perhaps being moved by anti-pornography authors’ beliefs, supporters of censorship that include Andrea Dworkin and Catherine MacKinnon, sometime in 1983, drafted an ordinance passed by the Minneapolis City Council to give women the right to bring to court producers, distributors, sellers and/or exhibitors of pornography once these people feel being harmed by the material.   The ordinance was however disapproved by the mayor (Webb, 1995).          A revised version of this legislation was passed by the Indianapolis City Council,  but was also unsuccessful after having been declared unconstitutional by the US Supreme Court on the ground of freedom of speech violation (Webb, 1995). The Supreme Court’s having declared the ordinance unconstitutional could only mean that the power of freedom of speech is paramount that to publicize it to educate people and letting them to  express themselves to discover what really are good and bad for them is an inherent human right. It is not the publication that is bad but it is the act of person who will act on the basis of whatever one senses using his or her power of perception. On the other extreme, a rapist need not see a picture to rape a woman whom that man has decided to rape. The evil of something should still depend on the freedom of a man to act on what one sees or hears and not necessarily be coming from the so called â€Å"pornographic†materials.      A position taken by those favoring censorship where pornography is defined within the explicit images of degradation and violence against women, has actually moved for more power through legislations (Webb, 1995).  As proof, Minneapolis Ordinance had that pornography is â€Å"the sexually explicit subordination of women, graphically depicted whether in pictures or in words†¦ women are presented dehumanized as sexual objects, things or commodities†¦who enjoy pain or humiliation.. in postures of sexual submission†¦ reduced to body parts†(Kelly, 1988, pp. 54-55). It is very clear from the definition that mere depiction is already a violation in pornography.       A major problem with the said law is that, although feminists may know what is degrading and dehumanizing to women, it is not the feminists who will make the decision in court. It is the judges who are dominated by men who have the power to define what is sexually moral and what is not. This is a reality that must be accepted. Webb (1995) cited a Canada court case where a reinterpretation of existing obscenity law along the lines of the Dworkin/MacKinnon ordinance, was used to forbid the lesbian magazine Bad Attitude and caused the raid of a lesbian and gay bookshop.     The other side of the issue therefore does not go for censorship as the solution for the simple reason that the act of banning will not put a stop to pornography. Thus to campaign for censorship is obviously not just. Pornography could not therefore be equated to prostitution (Arcand and Grady,1993), drugs and other marginal crimes for they belong to different realms. The first is just depiction or portrayal of acts while the latter are actual acts. No wonder attempts to make an ordinance that would prohibit the same by groups espousing censorship ended with being vetoed by a mayor and another attempt to revise the same ordinance resulted to be struck as unconstitutional by the US Supreme Court.       There are however still harms (Stark ,1997; Lottes et. al. Weller ,1993) that could be associated with pornography for which reason it should still be regulated by having selective banning especially to children who may not have the mental capacity to understand things while they are young. But as they mature an education that would help them understand about sexuality should be taught to them rather than resorting to complete censorship.       When these children become adults it could not be assumed that they do not know how to practice their freedom of choice and intellect in being morally responsible for their acts. If indeed pornography may be defined where women are depicted to be dehumanized sexual objects, then by all mean censorship appears to not the logical solution but rather it should be the proper education of people how should humans behave using said natural sexuality given to them.      One argument that is forwarded by those who espouse censorship is that pornography is big business (Alexander, M., 2002) therefore banning it will interrupt on capitalism’s ability to make profit from the oppression of women. Although pornography is admitted as a big business, it does not follow that it will not be sold if banned since capitalism has unremittingly created new needs and wants to exploit the economic concept of unsatisfied needs and wants. Business could always come up with a variation of projecting sex even in toys or internet games as sexuality will always be a part of the lives of humans.      It is therefore explaining to people about the implications of wrong use of sexuality and how they benefit from controlling the same that would be the better solution than completely stopping by prohibiting its depiction. Banning does not stop pornography, for it will just push it into the underground that would in effect come out in some other ways. The same shortsighted solution has the effect of also banning it as topic for public discussion and as venue to have constructive sexual alternatives.       Censorship of pornography has been the topic from many countries but it would seem that no law has been successful in actually stopping pornography. The moment a law is made to censor pornography, people’s need to understand the subject or to engage in any form has its own way of coming out in number of ways.       To oppose censorship should not be taken as condoning, ignoring or deprioritizing campaigns about the often aggressive and usually misogynist depiction of women in a society where capitalism has no sign of waning. Webb (1995) explained stated that women have a duty to be counted in the most effectual how to do away with images which are oppressive and sexist. These women should not seek to have pornography banned, but by starting a much more comprehensive debate about sex.      The same objective could also be attained by  campaigning for better sex education in different schools at different levels. Their minds should be opened to knowledge rather than deny then them capacity to be aware of the issues that would allow them to exercise their freedom to choose. By making people more aware of their sexuality, there is a greater chance to create more informed and responsible behavior as well as social attitudes that would allow free expression of sexuality would more within the reach of these women. Conclusion      It can be concluded that the concept of pornography appears to have its roots in the past that resulted into grouping women into categories on who are â€Å"good†,who are â€Å"chaste’ and who are pure. Being felt more in some than other countries, pornography is closely related to relativity of morality in different places. Where there are more prohibitions, the greater are the effects on the power of those who are to enforce the law against the would-be subjects like the children, working class women and working-class men. It therefore has is links with the concept of equality especially among women where the concept dawned on them as a way of discriminating them as against men who are not subject to said prohibition or censorship.     As could be expected based on it relativity characteristic, definitions of pornography could vary for different states or jurisdictions. Since the purpose of defining the same is for the authority to regulate or to prohibit the same, the problems could differ and whoever will be included as subjects in the said law will naturally be subject to its power and possible abuse by those who will implement the law. It could therefore be in terms of the suppression, containment of sexuality and sexual arousal depending on whose point of view, that the term could be defined. This therefore produces the effect of massive confusion.       Being therefore called a social construct, the concept of pornography depends at different times (Moon, R. 2000), so what to some is erotic is already pornographic to others.   To argue therefore for censorship is to argue to stopping the same in different ways depending on how pornography was defined. Certain feminists like Dworkin and MacKinnon supported the abolition of pornography as a way to free women. This strategy necessary takes the view that women’s repression is caused by the power of an inherently female sexuality. With the assumption that all men are dormant rapists, who are in the making to be activated by pornography, one could already infer the possible consequences of making such an assumption. Thus a point in time was necessarily arrived at where the depiction of an act was already being equated with the act.     The other side of the coin argues that to make the dangerous assumption about men that they are prone to raping which calls for banning pornography will not necessarily result in women liberation as espoused by Dworkin’s group. To sustain the assumption about men as inherently oppressors of all women would amount advising to just give up struggling now as this has the effect of removing from the men the responsibility for their acts. This therefore is clearly oppressive to women.       It should therefore be understandable to put one’s shoes with those of women as to the feminist debates about the issue of pornography because of the deep repercussions of their agreement or disagreement of laws that will define pornography and that will stop the same. Notable is the fact the mere prohibition of image depiction can make the old stereotype of women as passive and sexuality as dangerous. Censorship therefore is not the answer with the problem that was imperfectly defined, education is.      Simple regulation is therefore recommended rather censorship. Regulation of course extends to limiting access to children of some materials while they do not understand the issues clearly. People should rather have a debate about sex or that they should be a campaign for better sex education in schools, or a  more informed and responsible social attitudes to expression of sexuality should be made possible.  By so doing people are presumed intelligent and free and enhancing the same through education would make their lives more meaningful. More meaningful lives of course would mean better society and better society should mean fewer crimes as people would become more responsible of their choices. Bibliography: Alexander, M. (2002) The First Amendment and Problems of Political Viability: The Case of Internet Pornography; Harvard Journal of Law Public Policy, Vol. 25 Arcand and Grady (1993) The Jaguar and the Anteater: Pornography Degree Zero; Verso Campbell, J. (1988), â€Å"Pornography Is it a Feminist Issue?, â€Å" Australian Feminist Studies, No. 7 Coward, (1982) R. â€Å"Sexual Violence and Sexuality,†Feminist Review, No. 11 Dworkin, A (1990), Mercy, Secker Warburg, London Dworkin, A, (1981), Pornography: Men Possessing Women, Women’s Press London Kelly, L., â€Å"The US Ordinances: Feminism and Censorship Prism Press, Great Britain, 1988†Kuhn, A. (1988), quoted in Campbell (1988), â€Å"Pornography Is it a Feminist Issue?, â€Å" Australian Feminist Studies, No. 7 Lottes et. al. Weller (1993) Reactions to Pornography on a College Campus: For or Against?; Sex Roles: A Journal of Research, Vol. 29 Moon, R. (2000) The Constitutional Protection of Freedom of, University of Toronto Press Rodgerson Wilson (1991) Pornography and Feminism – the Case Against Censorship, Lawrence Wishart Ltd. , London Stark (1997) Is Pornography an Action?: The Causal vs. the Conceptual View of Pornographys Harm ; Social Theory and Practice, Vol. 23 Webb, E. (1995) Pornography and Censorship: Silence or choice?, {www document} URL, http://www
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