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R. V. Butler: Recognizing The Expressive Value And The Harm In Pornography, Justine Juson, Brenda Lillington
R. V. Butler: Recognizing The Expressive Value And The Harm In Pornography, Justine Juson, Brenda Lillington
Golden Gate University Law Review
The recent Canadian Supreme Court decision of R. v. Butler recognizes and addresses the harmful anti-social attitudes and behaviors towards women which are perpetuated by misogynistic, violent pornography. Meanwhile, American courts continue to grapple with their traditional obscenity standard. This comment presents an overview of the American approach to regulating and categorizing pornography, and explores the obstacles this approach creates for addressing the issues of harm to women. The pivotal elements of the Butler court's analysis will be discussed in light of American decisions. The authors propose that a Butler analysis offers a more honest and balanced approach to the …
Judicial Indifference To Pornography's Harm: American Booksellers V. Hudnut, Penelope Seator
Judicial Indifference To Pornography's Harm: American Booksellers V. Hudnut, Penelope Seator
Golden Gate University Law Review
This paper will evaluate the opinions of the district court and the Seventh Circuit that held that an Indianapolis ordinance violated the first amendment, with particular attention to the courts' treatment of the demonstrated harms of pornography (II). The paper argues that pornography is a practice of discrimination through which women are subordinated on the basis of sex (III). When pornography is understood in the context of social reality, it is seen as a practice of sex discrimination, just as racial segregation is understood as a practice of race discrimination when it and its meaning are seen in the context …
Sexual Speech And The State: Putting Pornography In Its Place, Mary C. Dunlap
Sexual Speech And The State: Putting Pornography In Its Place, Mary C. Dunlap
Golden Gate University Law Review
This article reviews the wider legal, political and psychological consequences of the drive against "pornography". The concern of this article is that the "anti-pornography" campaign has serious and as-yet ill-considered implications for a broader category of communication, here termed "sexual speech".