Newsgroups: soc.feminism From: lkerr@uclink3.berkeley.edu (Lisa Kerr) Subject: Re: Pornography Defined (multiple definitions offered FYI) Message-ID: Sender: tittle@mail.netcom.com Organization: UC Berkeley Date: Sat, 10 Jun 1995 16:05:54 GMT Approved: slnord@u.washington.edu Lines: 217 Since there's been some discussion in this thread re: "everybody defines pornography differently, so how can we really evaluate it," I thought others might wish to have the text of several definitions of pornography that are presently circulating. I find it very helpful to compare and contrast these, particularly because the authors of several of these definitions are very outspoken on issues of pornography censorship and pornography as sex discrimination. It's easier to figure out where people are really coming from about "porn" if you know what exactly (or not-so-exactly) they plan to target. Also, keep in mind that most of these definitions of porn are advanced by people who want to censor or financially punish its production in some way. There are probably many other ideas circulating among feminists about the relationship between sexuality, sexism, sex discrimination, and physical harm to women, but because the bans/punishments are presented by their proponents as definitive of "radicalism," they get the most attention. So here goes: RUSSELL: Diana E.H. Russell, Ph.D, offers separate definitions for "pornography," "heterosexual pornography," and "erotica" in the self-published _Against_Pornography:_The_Evidence_of_Harm_ (1993). Pornography: >I define pornography as material that combines sex and/or the exposure of >genitals with abuse or degradation in a manner that appears to endorse, >condone, or encourage such behavior. (p.3) Heterosexual Pornography: >I define heterosexual pornography as material created for heterosexual males >that combines sex and/or the exposure of genitals with the abuse or >degradation of females in a manner that appears to endorse, condone, or >encourage such behavior. (p.3) Erotica: >Erotica refers to sexually suggestive or arousing material that is free of >sexism, racism, and homophobia, and respectful of all the human beings and >animals portrayed. (p.3) RIDINGTON: This definition appeared in the 1985 collection _Women_Against_Censorship_, in an article by Myrna Kotash entitled "Second Thoughts." She's quoting Jillian Ridington. >Pornography is a presentation, whether live, simulated, verbal, pictorial, >filmed or videotaped, or otherwise represented, of sexual behaviour in which >one or more participants are coerced, overtly or implicitly, into >participation; or are infured or abused physically or psychologically; or in >which an imbalance or power is obvious, or implied by virtue of the immature >age of any participant or by contextual aspects of the presentation, and in >which such behaviour can be taken to be advocated or endorsed. (p.32) MACKINNON/DWORKIN (MPLS. ORDINANCE 1983): This definition is what's commonly referred to as "THE feminist definition" of pornography. It differs only slightly from the model definition later published in MacKinnon's _Feminism_Unmodified_(1987), primarily in that section 1(v) of the ordinance bans "postures of sexual submission," where the published version extends this to "postures of sexual submission, servility, or display." >Pornography. Pornography is a form of discrimination based on sex. >(1) Pornography is the sexually explicit subordination of women, graphically >depicted, whether in pictures or in words, that also includes one or more of >the following: >(i) women are presented dehumanized as sexual objects, things or commodities; >or >(ii) women are presented as sexual objects who enjoy pain or humiliation; or >(iii) women are presented as sexual objects who experience sexual pleasure in >being raped; or >(iv) women are presented as sexual objects tied up or cut up or mutilated or >bruised or physically hurt; or >(v) women are presented in postures of sexual submission; or >(vi) women's body parts -- including but not limited to vaginas, breasts, and >buttocks -- are exhibited, such that women are reduced to these parts; or >(vii) women are presented as whores by nature; or >(viii) women are presented as penetrated by objects or animals; or >(ix) women are presented in scenarios of degradation, injury, abasement, >torture, shown as filthy or inferior, bleeding, bruised, or hurt in a context >that makes these conditions sexual. >(2) The use of men, children, or transsexuals in the place of women in >(1)(i-ix) above is pornography for purposes of . . . this statute. MACKINNON/DWORKIN (INDIANAPOLIS STATUTE 1984): This definition is sort of a compressed version of the previous one. Key changes are the removal of several of the more vague categories of porn, such as depictions of "whores by nature," "sexual objects, things, or commodities." The ban on "reducing women to . . . parts" was replaced with language banning depictions of women as "cut up or mutilated . . . or as dismembered or truncated or fragmented or severed into body parts." The only other language added was a longer series of adjectives, apparently directed toward bondage or s/m pornography, which describe the type of material to be banned in section (6), and a limitation of the ban on showing "bleeding, bruised, or hurt" women to a context that "makes those conditions sexual." >Pornography shall mean the sexually explicit subordination of women, >graphically depicted, whether in pictures or in words, that also includes one >or more of the following: >(1) Women are presented as sexual objects who enjoy pain or humiliation; or >(2) Women are presented as sexual objects who experience sexual pleasure in >being raped; or >(3) Women are presented as sexual objects tied up or cut up or mutilated or >bruised or physically hurt, or as dismembered or truncated or >fragmented or severed into body parts; or >(4) Women are presented being penetrated by objects or animals; or >(5) Women are presented in scenarios of degredation [sic], injury, abasement, >torture, shown as filthy or inferior, bleeding, bruised, or hurt in a context >that makes these conditions sexual; >(6) Women are presented as sexual objects for domination, conquest, >violation, exploitation, possession, or use, or through postures or positions >of servility, or submission or display. POLLARD: What's really interesting about this model law is that it is limited to "film," and also declares the women who participate in violent pornography to be criminals and subject to punishment (sec. II(a)(3)). It comes from a law review article by Deana Pollard called _Regulating_Violent_Pornography_, 43 Vanderbilt Law Review 125, 155 (1990). >I. Definitions. >(a) Violent pornography shall mean a film that concurrently depicts both >sexual explicitness and physically violent acts between or among those >engaged in the sexual activity. >(b) Sexual explicitness shall mean: >(1) human genitals in a state of sexual stimulation or arousal, >(2) acts of human masturbation, sexual intercourse, or sodomy, or >(3) fondling or other erotic touching of human genitals, pubic region, >buttock, or female breast; >(c) Physically violent acts shall mean: >(1) assault, >(2) battery, >(3) murder, >(4) rape, >(5) torture, or >(6) coercion by physical force. >II. Violations. The following acts shall be violations of this ordinance: >(a) Production. It shall be a violation to participate in any capacity in >the production of violent pornography. Participation means: >(1) filming, >(2) directing, >(3) acting (playing a role in the film), >(4) coercing another to play a role in the film, >(5) creating manuscripts for production, >(6) editing films, >(7) knowingly supplying the financial backing for producing the film,* >(8) knowingly supplying the studio or other place where the film is to be >made,* or >(9) knowingly supplying actors for such a film, such as an agent, or parent >or relative of a minor;* >(* the standard for knowledge shall be the "reasonable person" standard, >i.e., the defendant knew or should have known.) >(b) Trafficking. It shall be a violaiton to deal in violent pornography. >Dealing means: >(1) selling films, >(2) buying films, >(3) exhibiting films, or >(4) distributing films. >III. Sanctions. The following criminal and civil actions shall apply to the >foregoing violations: >(a) Criminal sanctions. It shall be a crime to violate this ordinance. >Penalties shall be determined by the appropriate legislative bodies. >(b) Civil sanctions. A civil action is created and treble damages shall be >awarded for torts such as assault, battery, and false imprisonment that occur >in production of the film. WESSON: This definition is given in a law review article by Marianne Wesson called _Girls_Should_File_Lawsuits_Everywhere . . . Nothing_Will_Be_Corrupted:_Pornography_As_Speech_and_Product, 60 Univ. of Chicago Law Review 845, 851 (1993): >Pornography is a depiction, in any medium, of violence directed against, or >pain inflicted on, an unconsenting person or child, for the purpose of >anyone's real or apparent sexual arousal or gratification, in a context >suggesting endorsement or approval of such behavior, and that is likely to >promote or encourage similar behavior in those exposed to the depiction. SUPREME COURT ("MILLER"): This is not a pornography definition per se, but a definition of "obscenity" -- a particular subspecies of pornography that's deserving of censorship and considered unprotected speech under the First Amendment. It's found in Miller v. California, 413 U.S. 15, 24-25 (1973): >The basic guidelines for the trier of fact must be: >(a) whether "the average person, applying contemporary community standards," >would find that the work, taken as a whole, appeals to the prurient interest; >(b) whether the work depicts or describes, in a patently offensive way, >sexual conduct specifically defined by the applicable state law; and >(c) whether the work, taken as a whole, lacks serious literary, artistic, >political, or scientific value. -- Post articles to soc.feminism, or send email to feminism@ncar.ucar.edu. Questions and comments should be sent to feminism-request@ncar.ucar.edu. This news group is moderated by several people, so please use the mail aliases. Your article should be posted within several days. Rejections notified by email.