Pornography in the United States has existed since the country's origins and has become more readily accessible in the 21st century. Advanced by technological development, it has gone from a hard-to-find "back alley" item, beginning in 1969 with Blue Movie by Andy Warhol, the Golden Age of Porn (1969–1984) and home video, to being more available in the country and later, starting in the 1990s, readily accessible to nearly anyone with a computer or other device connected to the Internet. The U.S. has no current plans to block explicit content from minors, as many other countries have planned or processed to do.
Sex-positive feminism is a movement that began in the early 1980s centering on the idea that sexual freedom is an essential component of women's freedom. Some feminists became involved in the sex-positive feminist movement in response to efforts by anti-pornography feminists to put pornography at the center of a feminist explanation of women's oppression.
Catharine Alice MacKinnon is an American radical feminist legal scholar, activist, and author. She is the Elizabeth A. Long Professor of Law at the University of Michigan Law School, where she has been tenured since 1990, and the James Barr Ames Visiting Professor of Law at Harvard Law School. From 2008 to 2012, she was the special gender adviser to the Prosecutor of the International Criminal Court.
Reasons for opposition to pornography include religious objections, feminist concerns, and claims of harmful effects, such as pornography addiction. Anti-pornography movements have allied disparate social activists in opposition to pornography, from social conservatives to harm reduction advocates.
R v Glad Day Bookshops Inc, (2004) is a leading Ontario Superior Court of Justice decision on pornography and homosexuality. The court found that a statutory scheme requiring the approval of the Ontario Film Review Board before films can be distributed or shown in Ontario violated the guarantee of freedom of expression in section 2 of the Canadian Charter of Rights and Freedoms.
R v Butler, [1992] 1 S.C.R. 452 is a leading Supreme Court of Canada decision on pornography and state censorship. In this case, the Court had to balance the right to freedom of expression under section 2 of the Canadian Charter of Rights and Freedoms with women's rights. The outcome has been described as a victory for anti-pornography feminism and the Women's Legal Education and Action Fund, but a loss for alternative sexualities.
Intercourse is a 1987 book by Andrea Dworkin, in which the author offers a radical feminist analysis of sexual intercourse in literature and society. Dworkin is often said to argue that "all heterosexual sex is rape", based on the line from the book that says "violation is a synonym for intercourse." However, Dworkin has denied this interpretation, stating, "What I think is that sex must not put women in a subordinate position. It must be reciprocal and not an act of aggression from a man looking only to satisfy himself. That's my point."
The Antipornography Civil Rights Ordinance is a name for several proposed local ordinances in the United States and that was closely associated with the anti-pornography radical feminists Andrea Dworkin and Catharine MacKinnon. It proposed to treat pornography as a violation of women's civil rights and to allow women harmed by pornography to seek damages through lawsuits in civil courts. The approach was distinguished from traditional obscenity law, which attempts to suppress pornography through the use of prior restraint and criminal penalties.
The feminist sex wars, also known as the lesbian sex wars, or simply the sex wars or porn wars, are terms used to refer to collective debates amongst feminists regarding a number of issues broadly relating to sexuality and sexual activity. Differences of opinion on matters of sexuality deeply polarized the feminist movement, particularly leading feminist thinkers, in the late 1970s and early 1980s and continue to influence debate amongst feminists to this day.
Pornography is the portrayal of sexual subject matter for the exclusive purpose of sexual arousal. Pornography may be presented in a variety of media, including magazines, animation, writing, film, video, and video games. The term does not include live exhibitions like sex shows and striptease. The primary subjects of present-day pornographic depictions are pornographic models, who pose for still photographs, and pornographic actors who engage in filmed sex acts.
Andrea Rita Dworkin was a U.S. American radical feminist activist and writer. She is best known for her analysis of pornography, although her feminist writings, beginning in 1974, span 40 years. They are found in a dozen solo works: nine books of non-fiction, two novels, and a collection of short stories. Another three volumes were co-written or co-edited with US Constitutional law professor and feminist activist, Catharine A. MacKinnon.
Feminist views on pornography range from condemnation of all of it as a form of violence against women, to an embracing of some forms as a medium of feminist expression. This debate reflects larger concerns surrounding feminist views on sexuality, and is closely related to those on prostitution, on BDSM, and other issues. Pornography has been one of the most divisive issues in feminism, particularly in anglophone (English-speaking) countries. This deep division was exemplified in the feminist sex wars of the 1980s, which pitted anti-pornography activists against sex-positive ones.
An anti-pornography movement in the United States has existed since before the 1969 Supreme Court decision of Stanley v. Georgia, which held that people could view whatever they wished in the privacy of their own homes, by establishing an implied "right to privacy" in U.S. law. This led President Lyndon B. Johnson, with the backing of Congress, to appoint a commission to study pornography. The anti-pornography movement seeks to maintain or restore restrictions and to increase or create restrictions on the production, sale or distribution of pornography.
The Pornography Victims Compensation Act of 1991 was a bill, S. 983, in the U.S. Congress. The sponsor in the Senate was Senator Mitch McConnell with eight cosponsors. A Senate committee held hearings on the bill. The bill was not voted on, did not pass, and did not become law.
Feminists Fighting Pornography was a political activist organization against pornography. It advocated for United States Federal legislation to allow lawsuits against the porn industry by women whose attackers were inspired by pornography. FFP was based in New York, N.Y., was founded in 1983 or 1984, and dissolved in 1997.
American Booksellers Foundation for Free Expression v. Strickland, 560 F.3d 443, is a decision of the Sixth Circuit Court of Appeals involving a constitutional challenge—both facially and as-applied to internet communications—to an Ohio statute prohibiting the dissemination or display to juveniles of certain sexually-explicit materials or performances. The Sixth Circuit panel declined to resolve the constitutional issue but, instead, certified two questions to the Ohio Supreme Court regarding the interpretation of the statute. The Ohio Supreme Court answered both questions affirmatively and placed a narrowing construction on the statute. Since the Ohio Supreme Court's decision, the Sixth Circuit has not reheard the case.
Alexander v. Yale, 631 F.2d 178, was the first use of Title IX in charges of sexual harassment against an educational institution. It further established that sexual harassment of female students could be considered sex discrimination, and was thus illegal.
Only Words is a 1993 book by Catharine MacKinnon. In this work of feminist legal theory, MacKinnon contends that the U.S. legal system has used a First Amendment basis to protect intimidation, subordination, terrorism, and discrimination as enacted through pornography, violating the equal protection guarantee of the Fourteenth Amendment.
United States obscenity law deals with the regulation or suppression of what is considered obscenity. In the United States, discussion of obscenity typically relates to pornography, as well as issues of freedom of speech and of the press, otherwise protected by the First Amendment to the Constitution of the United States. Issues of obscenity arise at federal and state levels. The States have a direct interest in public morality and have responsibility in relation to criminal law matters, including the punishment for the production and sale of obscene materials. State laws operate only within the jurisdiction of each state, and there are a wide differences in such laws. The federal government is involved in the issue indirectly, by making it an offense to distribute obscene materials through the post, to broadcast them, as well as in relation to importation of such materials.
