Pornography in the Western World - Essay Example

Pornography The issue of pornography in the Western world is a complex one which evokes passions on both sides of the debate. While some feel that pornography is debasing, others, such as Bill Hicks, have argued that pornography is no-one else's business: "About drugs, about alcohol, about pornographywhat business is it of yours what I do, read, buy see, or take into my body" (Hicks, 2004). Those who believe that pornography should be allowed make several points; Barry Lynn, who was a Counsel for the American Civil Liberties Union in Washington, was a supporter of the right to own pornography, calling his article "Pornography and Free Speech: the Civil Rights approach" (Lynn, 1988). Lynne uses his experience as a civil rights campaigner, and his understanding of the constitution, to argue that those who make and use pornography have unalienable constitutional rights. By approaching pornography in this manner, Lynn challenges previous defenses of this subject, who have mainly focused upon aspects of the Freedom of Speech. Lynn firstly addresses the issue of campaigns by groups attempting to challenge non-pornographic works: "All this is of concern because of the belief that speech, written or visual, has the power to alter (or at least reinforce), perceptionsthus to shape attitudes and in the long run, actions" (Lynn, page 366). Lynn points out that the First amendment prevents such efforts to coerce government into limiting free speech, while admitting that those who believe in free speech also believe in the ability of that speech to change people's minds, or alter their opinions. (Lynn, 366). This, then is Lynn's conception of the battleground between those who wish to ban pornography, and those who believe it should continue to be allowed: do words and images have enough power to permanently affect a person's attitude Lynn considers the position of certain groups of feminists (Lynn, 366), who have picketed pornographic films; and others which have used civil rights laws to make those who produce or sell pornography uncomfortable about doing so, resulting in a reduction in those making or selling such items. Lynn adds that these laws would include scenarios including those where women are "'presented as sexual objects who enjoy pain or humiliation' to those which depict women in 'posturesof servility or submission or display'". Of course, not all of those images involve women being treated badly, and it is this conception of pornography by those opposed which disturbs many who are not opposed. Lynn states that the definition of pornography is not objective, and that it is as much of a loaded phrases as other anti-pornography words and descriptions. Lynn does not believe that pornographic images or words are responsible for the behavior of those who make or watch them. In his view, pornographers are as entitled to constitutional speech, insisting that it is necessary to understand that pornography is a communication. While it may not communicate primarily though words, he says, this is no restriction to citing the constitution in its defense. Providing evidence that other laws have upheld this non-linguistic speech: "The courtupheld the claim that live nude dancing was "Speech", and lower courts have accorded First Amendment protection to the 'emotive'communication of rock and roll (Lynn, 368). Though Lynn's argument, the defense of the rights of pornographic communication is the defense of the rights of many other forms of communication which are similarly non-verbal. Lynn also uses another of speculative methods to suggest that pornography has a positive role to play in creating images of women, being especially important in revealing the sexual needs or desires of older women, differently abled women, and those of shape and size not usually depicted in films or novels, and even invokes feminists in support of this idea: "Depictions or ways of living and acting that are radically different from our own can enlarge the range of human possibilities open to us" (Lynn, 368). After arguing for the positive aspects of Pornography, Lynn then challenges the anti-pornography legislators: Lynn states clearly that there is no scientific evidence that viewing pornography results in an increase in sexual assault: in other words, a man who chooses to view pornography is no more likely to commit rape than one who abstains (Lynn, 368-9). Lynn effectively demolishes the idea that pornography is linked to problematic change in attitude to women, or even that it is connected with sexual assault: he says that there is no connection between the presence of pornography in society, and the presence of sexual violence, (Lynn, 369-70), and points to Japan, where there is clear access to many different kinds of pornography, including 'Hardcore', and where there is also a very low rate of rape. These facts mean, according to the author, that there is no reason to limit pornography: "If there was a clear connection between pornography and sexual violence it would be apparent, not 'plausible'" (Lynn, 370). Lynn believes that, as there is no relation between the two events (Watching pornography and incidents of rape), there is no legal reason to prevent it; indeed, he says that anti-pornographers' standards of proof are not only not enough to limit pornography, but (so Lynn says) are not even enough to regulate food and medical products. Lynn acknowledges that there is evidence which suggests that men's views of women are slightly altered in the short-term, he does not believe that this alteration can be extended into long-term alteration. Nor is it true that all of these changes in opinion are negative. Therefore, it is possible to conclude with Lynn that such behavioral changes are unlikely to be the cause of an increased rate or rape, and other acts of violence towards women. In addition, as many forensic psychologists believe that rape and sexual assault are about power, it is difficult to correlate the viewing of sexual behavior (and the women are by no means always powerless, indeed that are "Sexual aggressors who enjoy sex, are orgasmic, and seem to be having fun" (Antoniou)), with the rapists' need to establish himself as a powerful male. Having dealt with the rights of pornography makes and watchers to protection under the law, and the lack of evidence for pornography being associated with increased sexual assaults, or negative ideas of women, Lynn then considers whether pornography affects the civil rights of those opposed to its manufacture and sale; in Lynn's view (he calls the argument 'facile'), there is no evidence that the First Amendment rights of anti-pornography protestors are being affected by the private manufacture of pornographic material. Returning to the issue of free speech, Lynn focuses upon the knock-on effects of anti-pornography legislation: "'Sexual speech' fuels local-efforts of others to ban Judy Blume novels from the high-school shelves or to eliminate the feminist works on women's health care from the local library, because these materials too are 'about' sex" (Lynn, 372). The campaigners have affected the free speech of writers that have no pornographic narrative, and also of their own attempts to liberate females from inadequate health care and lack of options. Lynn's argument focuses upon several factors: the rights of pornography makers and viewers to pursue this interest; the classification of pornography as communication, thereby rendering it protected by the Constitution; the lack of evidence that pornography has long-lasting negative effects; and the attempts by the anti-pornographic groups to establish their own rights above that of those who make and use pornography. Unsurprisingly, Barry Lynn has been opposed by some groups, and particularly for other claims concerning child pornography which seems to demonstrate a rather disordered logic (Lynn has stated that child pornography should not be produced, but once it is in circulation, there should be no prevention of its sale and use). In particular, Christian anti-pornographers have maintained the idea that viewing pornography leads to an increase in violence: "Violent pornographycontributes to the so-called "Rape myth" leaving men to believe that women really want to be abused, even when they vigorously deny it" (Dobson). Dobson also argues that those who sell pornography are contributing to sex-related crimes such as prostitution. This again is linked to ideas of the connection between sex, violence, and criminal behavior (Dobson). The same article also quotes the commission panel as stating that "Sexually explicit materials portraying the violent abuse of women by men led to 'anti-social acts of sexual violence', sometimes including sex crimes" (Dobson). Here, the commission is making no discernment between sexual acts which might involve what some see as 'violence' (i.e., BDSM, also known as sadomasochism), and sexual crimes such as rape; nor does it differentiate between violent crimes, again such as rape, and sex offences, such as prostitution. All of these different situations are classed under the same banner. Many law-enforcement articles also disagree with Lynn concerning the lack of connections between pornography and sexual violence. Indeed, the two are considered to be closely related: "The Indianapolis-Merioncouncil found, in essence, that pornography lowers the social standard of treatment of women as a class" (Commission on Pornography). The report notes that there were many substantiated reports of "Pornography related humiliation, sexual degradation, enforced servility, and physical and mental abuse" (Commission). As well as these objectors from the anti-pornography camp, Lynn has also suffered from attacks from within the community; Laura Antoniou, who writes lesbian pornography, feels that pornography should be defended on the basis of the pleasure it brings, and not defended on the basis that other freedoms might be threatened by banning pornography. Or course, the fact that women themselves write and enjoy pornography goes some way to demonstrating Lynn's main point: that watching or reading pornography does not result in sexual violence or crime. If women participate in viewing pornography, they should also be committing sexual violence. Lynn's arguments, therefore, remain unproven; Commissions on Pornography consider that it is dangerous to women 'as a class', rather than as individuals, but there are rising numbers of women who use pornography, and if the circumstances are as the Commission state, then women themselves should be committing acts of sexual violence. That they are not, or only to a miniscule degree, seems to uphold the basic element of Lynn's argument. Bibliography Antoniou, Laura (1995) "Defending Pornography (For real this time)" Harvard Gay and Lesbian Review, Volume 2, number 3, Summer 1995. Office of the Attorney General "Attorney General's Commission on Pornography (1986) http://www.porn-report.com/305-civil-rights.htm Dobson, James "Pornography Commission Report" http://www.baptistpillar.com/bd0404.htm Hicks, Bill (2004) Love all the People John Lahr (ed) Constable, England Lynn, Barry (1988) Pornography and Free Speech: The Civil Rights Approach" in Civil Liberties Larry Golden (ed) Routledge, US Read More