Pornography depicts sexual behavior in a way designed to sexually excite the viewer.
In defining pornography a distinction is made between erotica, (depiction of sexual passion and love) and pornography (depiction of sexual behavior that presents men, women or children in a way that dehumanizes, degrades or exploits them).
Pornography is further classified as either 'soft core' (R-rated) or 'hard core' (X-rated). 1.
IDENTIFYING OBSCENITY
Pornography is labeled 'obscene' when it sinks to exploitation and portrays humans as mere objects. Obscenity is not speech protected by the First Amendment of the Constitution.
In Roth v. U.S. (1957), the U.S. Supreme Court ruled that materials are pornographic or obscene when:
1. "Taken as a whole", the dominant theme "appeals to a prurient (lewd) interest" in sex.
2. The material affronts "contemporary community standards",
3. The material is "utterly without redeeming social values."
In California v. Miller (1973) the Court removed ambiquities of the earlier decision by keeping the dominant "prurient" theme but explaining that community standards referred to the local community. The reference "without redeeming social values" was eliminated.
MANY DEEP CONCERNS
While there is controversy about what constitutes pornography, the fear that pornography corrupts people deeply concerns many Americans.
Almost everyone agrees that pornography should be restricted.
In 1996, a report published in Criminal Justice Statistics noted that:
* Only 3% agreed that pornography should be legal for everyone,
* While 38% agreed that pornography should be illegal for everyone,
* 58% agreed that pornography should be illegal
for persons under eighteen. 2.
PORNOGRAPHY MUSHROOMS
Before the 1950's, pornography was something considered inappropriate and sold undercover from the trunks of cars. In the last 60 years the distribution of pornography has mushroomed.
The publication of Playboy magazine in 1953 brought it out into living rooms and public awareness.
In 1973, Americans spent $10 million on pornography. By 1997, pornography had become an eight billion dollar industry. 3.
CHILD PORNOGRAPHY - A PARTICULAR CONCERN
The portrayal of children as sexual objects was promoted by Playboy, Penthouse, and Hustler magazines, which regularly depicted children in sexual scenarios. A content analysis of these magazines between 1953 to 1984 yielded 6,004 depictions of children ages 3 to 11 in erotica/pornography. 4.
The portrayal of sex with children is of particular concern. Legislation in 1982 (New York v. Ferber) and 1990 (Osborne v. Ohio) defined any lewd depiction of a child under the age of 18 years to be illegal. 5.
Federal legislation provides prison terms to people who either produce or possess child pornography.
CONCERNING PORNOGRAPHY
Some people argue that pornography provides a safety valve for the private release of sexual fantasies. They hail it as 'safe sex', safe from pregnancy or disease.
Others are concerned that pornography degrades women and children and desensitizes men to violence against them.
In 1986, the Meese Commission, appointed by President Reagan, found "a causal relationship between exposure to sexually violent materials and an increase in aggressive behavior toward women." 6.
Specific findingsof the Meese Commission include:
1. Of 411 offenders, the average had 336 victims,
2. Rape increases where pornography laws are liberalized,
3. Rapists are much more likely than non-offenders to have been exposed as children to hard-core pornography.
4. States with higher sales of pornography have higher rates of rape. 7.
A DANGEROUS ADDICTION
Pornography is addictive and leaves the viewer wanting more. Addiction can lead to desires that escalate from viewing pictures; to visiting strip clubs; to prostitution and voyeurism; to felony behaviors.
A STAND FOR DECENCY
Our culture is being sexually saturated with an increasing avalanche of pornography. Obscenity is defined by community standards which are determined by people who stand up and speak out. If we are to protect the well-being of our culture, ourselves, our children and our families, it is necessary for all concerned people to become active in taking a stand for decency in our cultural depictions of sexuality.
REFERENCES:
1. Palen, J. John. Social Problems for the Twenty-First Century. McGraw Hill, Boston. 2000:447-450.
2. Henslin, James M. Social Problems. Prentice Hall, Upper Saddle River, NJ. 2000:75-81.
3. Veith, Gene Edward. World magazine. April 7, 2001. Vol. 16, No. 13:17.
4. Parrillo, Vincent N. Contemporary Social Problems. Allyn and Bacon, Boston. 1999:105-109.
5. AFA.net. American Family Association. www.afa.net/FAQ.aspx?id=2147484819.
6. Palen, pg.449.
7. Henslin, pg. 78.
