Obscenity and Pornography

If art both reflects and reinforces important cultural values, then it is easy to understand the level of political debate that has traditionally surrounded obscenity and pornography, for the debate over pornography represents the embodiment of a struggle over culture itself. Considered by some as lewd and lascivious and by others as erotic and exciting, pornography has been described as a menace to democracy and a vehicle for cultural liberation, as socially destructive and sexually revolutionary. With such politically charged and hyperbolic descriptions, the debate over pornography extends beyond the meaning of a museum exhibit, the content of a newsstand magazine, or the social value of an image flickering on a screen. However polemically defined, pornography depicts sexual behavior that is either socially proscribed or deemed immoral when publicly displayed. As such, there is no scarcity of opinion regarding the influence of these cultural images on the attitudes and practices of citizens, particularly regarding behavior toward and against women. Opponents of pornography describe it as a cultural pollutant whose message propagates misogyny and supplies the foundation for rape and other forms of criminal sexual misconduct. Claiming that it endorses the subordination of women, many opponents support legislation that treats pornography as a form of gender discrimination subject to legal redress. Proponents respond that its availability functions as a safety valve for the libido by serving as a sexual surrogate, and that its availability may actually reduce sexual misconduct. They suggest that it provides a more socially acceptable forum for sexually disfranchised individuals—including gays, lesbians, and even women—to break free from their socially imposed libidinal constraints and express themselves vicariously through sexual representation. Finally, proponents refute allegations that pornography is antifeminist or misogynistic by pointing out that roughly half of all adult videos are rented by women, and that women run many of the most popular adult Web sites.

In recent years, the United States government has addressed public concern over the availability of sexually explicit material. In 1967, Congress created a commission to investigate the effects of pornography on social attitudes and behaviors. The 1970 Report of the Commission on Obscenity and Pornography blamed much of the problem surrounding pornography on citizen reluctance to address sexual matters openly and directly. The report recommended that jurisdictions repeal legislation prohibiting the sale, exhibition, or distribution of sexual materials to consenting adults. The U.S. government revisited the question of pornography in 1986, citing the commission's failure in 1970 to include “violent” sexual material as part of their investigation. Broadening the scope of pornography, the Final Report of the Attorney General's Commission on Pornography (1986) concluded that a causal relationship exists between exposure to violent sexual material and aggressive behavior toward women. It disagreed, however, as to whether nonviolent or “non-degrading” pornography contributes to any level of social harm.

While lawmakers and the courts continue to struggle over how to define—and therefore regulate—pornography, [Page 1096]its production has become a $20 billion industry, with Americans paying as much for pornography as they do for sporting events and live music entertainment combined. In the new millennium, between 5 and 10 percent of all money spent online goes to adult Web sites, while more than $3 billion is spent each year on adult videos. And even as technology continues to expand and make the consumption of pornography increasingly private and discreet, there is growing concern over the ease with which children have access to it, particularly through the Internet.

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