
Pornography Readings
April 21:
- D. Kelly Weisberg. "Pornography: Introduction." Weisberg, 5-27.
- Case: American Booksellers Association, Inc. v. Hudnut (1986).
Excerpts from Circuit Judge Easterbrook, Opinion of the Court. Weisberg
104-109.
- Nan D. Hunter and Sylvia A. Law. "Brief Amici Curiae of
Feminist Anti-Censorship Taskforce et al., in American Booksellers Association,
Inc. v. Hudnut." Weisberg, 118-130.
April 23:
- Andrea Dworkin. "Against the Male Flood: Censorship, Pornography, and
Equality." Weisberg, 28-36.
- Thomas I. Emerson. "Pornography and the First Amendment: A Reply to
Professor MacKinnon." Weisberg, 80-86.
Written Assignment (due April 23): Answer all parts of the following
question fully; when referring to the readings, cite properly, including page
numbers.
As D. Kelly Weisberg states, "The subject of pornography has
fragmented feminists into several camps. These factions include those who
oppose censorship (liberal and libertarian feminists) and those who oppose
pornography (radical feminists)" (8). Based on the readings for this unit,
which of these two camps do you think has the stronger legal case? Summarize
the major arguments of the side you have chosen; besides using the
introduction, draw on Dworkin and Easterbrook if you choose the anti-
pornography side and on Hunter and Law and Emerson if you choose the
anti-censorship side. As you summarize these arguments, explain why you think
they have a strong legal basis.
Additional Links on Pornography
- "Pornography
Happens to Women", by Andrea Dworkin (1993)
- "The
Cyberporn Debate", Project 2000
- Pornography & Obscenity: Choices and
Consequences, series of web pages relating especially to legal sanctions
against child pornography, put up by the siteowner because he "wishes he
had the benefit of the information contained on these pages, before he
downloaded kiddie porn pictures. . . I am now facing some period of time in a
federal prison and likely the loss of my job. The impact on my family has been
devastating both in financial and emotional terms. In my case, there was never
an intent to act, just a curiosity."
Women and Law Syllabus
January 1998