Pornography should be permitted on free expression grounds. · Encyclopedia of Opinion

Encyclopedia of Opinion

Question: How do feminists view pornography
Position‹2 of 3›: Feminism should be sex-positive
Argument‹2 of 2: Pornography should be permitted on free expression grounds.

Whatever ones views on pornography, censorship is not the answer. The attempt to fix social problems through censorship, diverts attention from the substantive causes of social ills and offer a cosmetic, dangerous 'quick fix.' Critique of censorship has become especially prevalent in China, where pornography is strictly prohibited, and the ownership or sale of pornographic materials can mean life in prison. Feminists like Li Yinhe openly oppose the censorship of pornography and advocate for its decriminalization. Looking to many western countries as an example, Yinhe emphasizes the importance of freedom of expression and cites the 35th article of the Constitution of the People's Republic of China in declaring the right to pornography as a form of free speech.

The argument

Pornography should be permitted as a matter of free speech. Free speech is protected by the First Amendment, and since pornography is an expression of speech, it shouldn’t be censored. The feminist movement relies on free speech—the birth of the movement saw change brought about by rallies and writing. Though the ideas were considered by some to be radical, they were protected under free speech laws. The feminist movement still relies on the protection of free speech since, without it, it might become difficult or even impossible to put forth new ideas that question the status quo. Censoring pornography would mean that some kinds of free expression, particularly sexual expression, ought to be controlled by the government. Removing pornography from the market sets a dangerous precedent for other forms of expression to be censored. Additionally, if some people are offended by pornography, they can simply choose not to consume it. When people are offended by other forms of free expression, like music or opinion blogs, they choose not to consume that media. Pornography ought to be treated the same as these other forms of free expression.

Premises

[P1]Pornography is an expression of speech protected by the First Amendment, and the feminist movement itself depends on free speech, which protected its once-radical ideas and still enables it to challenge the status quo. [P2] Censoring pornography would let the government control sexual expression and set a dangerous precedent, when those who are offended can simply choose not to consume it, as with any other media. [C] Therefore pornography should be permitted on free-expression grounds, consistent with a sex-positive feminism.

Counter-arguments

Censoring pornography does not mean that other modes of free speech will be censored. Additionally, it is not clear that pornography can even be considered free speech since it is a sold product rather than a person's or group's expression. Pornography, especially pornography that depicts violent or dominating scenarios, may encourage violent sexual behavior; since free expression that encourages violent behavior should be censored, pornography should be censored.

Rejecting the premises

[Rejecting P1] That the movement has relied on free expression establishes a general commitment, not that this particular material falls within it — and the counter raises the classification question directly, since commercially produced material is treated differently in law from a person's or group's own expression. [Rejecting P2] "Those who object can decline to consume it" answers an objection about offence, while the position it has to answer concerns harm to the people depicted and to others; and the claim that regulating one category leads to regulating all is a prediction offered without support.