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Pornography and the first amendment

Pornography is defined by Webster's Lexicon dictionary as obscene literature, photographs, paintings, etc., intended to cause sexual excitement. Is the acceptance of pornography in our society a question of free speech and expression? Or is it an outright defamation of women?

According to an anti-pornography feminist, Catherine A. MacKinnon, "The law of equality and the law of freedom of speech are on a collision course in this country. Until this moment, the constitutional doctrine of free speech has developed without taking equality seriously - either the problem of social inequality or the mandate of substantive legal equality." (MacKinnon 71) On the other hand, there is the opinion held by many that "If the First Amendment means anything, it means that a State has no business telling a man, sitting alone in his own home, what books he may read, or what films he may watch." (Mason 420)

In order to decide whether or not pornography is protected by the Constitution, the rights granted by the First and Fourteenth Amendments must be discussed. The First Amendment protects freedom of speech and the press, but what exactly does this cover? Freedom of speech allows one to express their opinions either through spoken words, body lang


This brings us to MacKinnon's the second part of her argument, the defamation and inequality of the women who are the subjects in this type of material. "Empirically, all pornography is made under conditions of inequality based on sex, overwhelmingly by poor, desperate, homeless, pimped women who were sexually abused as children." (MacKinnon 20) This is an enormous stereotypical generalization by MacKinnon. There are many pornographic actresses and models who chose to do so, and are happy with there career. Of course, there are some in the situation she mentions above, but that brings us to a different legal issue. If someone is forced to do something against their will, they can prosecute the perpetrator as such. The Fourteenth Amendment protects women's equality and presents them with the right to choose without any infringement of liberty.

MacKinnon feels that pornography defames women as a group, teaching men to view women as sexual objects, and a gender and not as people. She compares it to anti-Semitism and its effects on Jewish inequality. MacKinnon believes that pornography violates women's equality rights protected by the Fourteenth Amendment. "Inequality here is defined as distinction, differentiation, indifferent to whether dominant or subordinated groups are hurt or helped." (MacKinnon 98) MacKinnon is blaming the subordination of women, which has existed since the beginning of time, on pornography. Women have never been 100% equal, but are further along now in the fight than they have ever been. It is the women that chose the act in pornographic movies and such that are keeping women subordinate in the eyes of pornographic consumers. If there were no women who volunteered to this type of work, it could not be produced, therefo

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Approximate Word count = 1181
Approximate Pages = 5 (250 words per page double spaced)


  

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