Pornography

Definitions of pornography vary from time to time and place to place: Something defined as pornographic 50 years ago may now be considered erotic, or even literature. Drawings, paintings, and sculpture depicting sexual behavior have always been part of human history and have even been used in religious rituals. The term and concept of pornography is relatively recent. The French pornographie was used in the 1800s, and it found its way into the English language via New Orleans, Louisiana, in 1842, becoming part of the vernacular in 1857. The term itself is derived from the Greek words pornographia, meaning “prostitute,” and graphien, meaning “written or an illustration.” Pornography began as drawings of prostitutes. In the past 150 or so years, many books, movies, and works of art have been defined as pornographic simply because they portray nudism and sexual activity. Medical textbooks, anthropological works, and even National Geographic have been banned in some areas as obscene. The Miller test, created and applied by the Supreme Court in Miller v. California (1973), developed a definition of obscenity (which may or may not include pornography). According to the Miller test, material can be judged obscene if it appeals to a prurient interest in sex and lacks literary, artistic, political, or scientific value. Since Miller, however, [Page 533]there has been considerable debate as to what constitutes literary, artistic, political, and scientific value. Pornography can be described as an explicit description or image intended to stimulate sexual feelings. Thus, pornography may or may not be obscene; as long as the pornographer can successfully argue that his or her work has literary, artistic, political, or scientific value, it is not obscene. Literature such as the Joy of Sex and the art of Robert Mapplethorpe (or even “feature porn” utilizing parodies of titles from legitimate movies and loosely following the plot) can be considered scientific, artistic, or literary. Pornography is not necessarily obscene, and some pornographic films (Last Tango in Paris), books (Fifty Shades of Grey), and artwork can be argued to have significant artistic merit. Before further examining the constitutionality and criminality of pornography, this entry discusses pornography's history and its effects on society.