Pornography

Problem of Definition

Discussions about pornography often begin with questioning how to define it. Pornography is difficult to define, as the constructions are politically loaded regarding censorship and given the various ideological positions on pornography. Extensive research exists on the relationships between pornography and society, with followers of each position able to cite findings to bolster their position. Sociodemographic factors also affect individuals' beliefs concerning pornography. Another factor affecting the debate is that pornography is a lucrative financial industry that generates billions of dollars in revenue despite its disreputable social standing.

Various attempts at regulation have attempted to address problems of definition regarding pornography, obscenity, erotica, and art. Some differentiate between hard-core and soft-core pornography, gay and lesbian pornography, and fetish pornography. All definitions, imbued with subjectivity, have social, political, and moral ramifications. Further, the meanings and understandings of pornography have changed over time, influenced by legalistic and scholarly interpretations or changing societal values. Consensus about a definition thus remains elusive and controversial.

Legislation in the United States has played an integral role in societal conceptualizations of sexual materials. The first federal law regarding pornography was the Comstock Act of 1873. The Comstock Act prohibited transport by mail of any material related to sexuality and contraception. The 1957 Roth v. U.S. Supreme Court decision narrowed the interpretation by defining as obscene only material that was utterly without redeeming social value. In 1970, the President's Commission on Obscenity and Pornography recommended repealing all laws prohibiting the distribution of sexually explicit materials to consenting adults, as it did not find a causal link between viewing pornography and violence. The commission suggested that pornography could even be beneficial in some circumstances, in allowing for a release of sexual tension. The commission also advocated sex education programs in schools to counterbalance incorrect sexual information gleaned from pornography.

Some differentiate between pornography and materials defined as obscene. In 1973, a pivotal court case, Miller v. California, changed the criteria to assess whether a work, be it literary or video, was obscene. One resulting criterion, the S.L.A.PS. test, evaluates whether a work lacks serious literary, artistic, political, or scientific value. Other criteria include whether the average person, applying contemporary community standards, would find that the given work appeals to prurient (lewd) interests. Finally, if the work depicts in a patently offensive way, sexual conduct specifically defined by applicable state laws, it can be judged obscene. These criteria for evaluating work, resulting from Miller v. California, made banning pornography easier.

...