Council adopts porn policy

   @ByName:
   
   By Andrea Lamberti 
   
   The policy's stated intent is to "exclude films whose primary theme
   is to condone the subordination or abuse of any person through
   substantial use of sexually explicit material." 
   
   The most important difference between this policy and the old one,
   which has been in effect since 1984, is that the new policy "removes
   the prior restraint aspect," said Associate Provost Samuel J. Keyser.
   Under the previous policy, groups or individuals that wanted to show
   X-rated or unrated films were required to have them screened in
   advance. 
   
   "The basic idea has not changed since early in the fall -- instead of
   having a prior restraint and a procedure to get approval, the policy
   is now treated under the General Institute policy on harassment,"
   Faculty Chair Henry D. Jacoby said. 
   
   In November 1987, the Committee on Discipline ruled unanimously that
   the previous pornography policy constituted "an excessive restraint on
   freedom of expression at MIT," and refused to enforce it. The COD's
   ruling came in a case involving Adam L. Dershowitz G, who
   intentionally violated the policy in February 1987 in order to test
   its validity. The new policy was devised, in part, as an attempt to
   address the COD's criticisms of the old policy. 
   
   Under the new policy, the Office of the Dean for Student Affairs and
   the COD would be notified only if a complaint about a sexually
   explicit film was filed. The "ODSA or COD shall then decide in
   accordance with this policy whether or not a violation has occurred,"
   the policy states. 
   
   
   
   A three-year policy 
   
   The new policy will remain in effect for three years. "After that
   point, if the showing of pornography in public places should continue
   to be a problem, the Academic Council will initiate a new process of
   community review to determine what subsequent policy should be," the
   policy's preamble says. 
   
   Jacoby explained that "people anticipate and hope that at the end of
   three years ... the problem won't arise and that people will know
   better." 
   
   The clause was added "in recognition of the fact that we believe MIT
   to be in a transition period," Keyser said. The policy's authors are
   hoping that at the end of this period, "no new policy will be
   necessary," he continued. 
   
   This policy also "tries to define pornography more clearly," Keyser
   said. "That of course is an extremely difficult problem," he added,
   "[but] the fact that pornography is difficult to define ought not to
   be a reason to not attempt to define it ... or to delay ... coming to
   grips with the problem." 
   
   "No doubt the Institute community would find the use of common spaces
   to glorify racial or religious persecution absolutely unacceptable....
   This same principle should apply to presentation of pornography that
   sanction the abuse of women, or of men and children, or depict their
   degradation as sexually exciting and acceptable," the preamble to the
   policy states. 
   
   Keyser and Jacoby said they had encouraged input and discussion on the
   proposed policy from the MIT community. They met with the
   Undergraduate Association and the Graduate Student Council, and the
   policy has been considered by the Faculty Policy Committee and
   discussed by the faculty at its meetings. Copies of the policy were
   also sent to housemasters, who were encouraged to discuss it with
   students. 
   
   "This policy has really been seen by the entire community. In my mind
   this policy comes as close to a policy that has had maximum community
   input of any policy that I know about," Keyser said. 
   
   
   
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Copyright 1990 by The Tech. All rights reserved.
This story was published on  Tuesday,  February 6, 1990.
Volume 110, Number 1
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