Porngraphy And Free Speech Flashcards
John Stuart Mill: On Liberty
-law should protect our freedoms, not individuals; people should be free as possible
-free speech is important for the flowing of ideas
-we must maximize individual liberty
-truth fixes mistakes, speech makes truth
-Socrates died for free speech
Vaughns Definition of Pornography
Sexually explicit material intended to provoke arousal
John Stuart Mill facts
- He’s British
- Political libertarian
The irony of liberty
You can argue against it, as that is your right (free speech)
Nadine Strossen: Do we have to choose between free speech and pornography?
-the law of unintended consequences
-when we restrict freedoms, we actually hurt minorities/women more (look at the book ban of Canada, or Comstock Law)
-the bedrock principle of free speech (government cannot limit it just because people find it offensive)
-using the clear and present danger test, we cannot ban pornography
Augustine
A Christian writer who wrote the first stream of consciousness biography about his life and experiences
-titled Confessions
-St Augustine
Miller V California (1973)
-established the miller test of legal obscenity
Helen E. Longino: Pornography, Oppression, and Freedom
-pornography is immoral because of the harm it brings
-woman may choose to participate, but it is still harmful to them
-pornography is degrading; it lies
-there are types of speech that aren’t protected under the First Amendment
Willfried Reilly: “Hate Crimes Hoax”
-a republican book about the possible liberal agenda of pushing false hate crimes
John Arthur: Sticks and Stones
-free speech is not inherently harmful, as it is not violence
-words cannot harm people in actuality, it may hurt your feelings, but that is not harm in its definition
-the answer to vile speech is more speech
-uses John S Mill
-speech is fundamental to democracy
-correlation does not equal causation
-no empirical evidence proves porn causes SA
-the Michigan codes case
Catherine A Mackinnon: Pornography, Civil Rights, and Speech
-words create reality
-a post-modern epistemologist
-pornography fufills inhumane thoughts about women, and causes problems with men and women’s sexuality
-pornography is in violation of the equality principle of the 14th amendment
-if we banned pornography, it would only do good for women
Ronald Dworkin: Women and Pornography
-against Mackinnon (problems with her justifications)
-what does she mean by equality?
-speech is equality’s counterpart
-porn, video games, and bad speech are the price we pay for the freedom to equally express ourselves
Camille Paglia
A libertarian feminist (feminists can believe in libertarianism)
Wendy Kaminer: Feminists Againsf the First Amendment
-anti-porn laws have not worked previously
-Mackinnon puts forth a bleak view of male sexuality
-with her categorization, there can be no consensual sex
-free speech can help us break societies ideas, we just have to work hard to do other things
-sensationalism has become a major problem in the arguments
-making it hard to have a conversation properly
Anti-pornography Civil Rights Ordinance
-created by Mackinnon and Dworkin
-utilized in Indianapolis and Minneapolis
-proposed to treat pornography as a violation of women’s civil rights and to allow women harmed by pornography to seek damages through lawsuits in civil courts.
-shot down by the Supreme Courts for violating the first amendment