Rae Langton and Caroline West argue that pornography silences women by presupposing misogynistic attitudes, such as that women enjoy being raped. More precisely, they claim that a somewhat infamous pictorial, ‘Dirty Pool’, makes such presuppositions, and that it is typical in this respect. I argue for four claims. (1) There are empirical reasons to doubt that women are silenced in the way that Langton and West claim they are. (2) There is no evidence that very much pornography makes (...) the sorts of presuppositions that Langton and West's explanation of silencing requires it to make. (3) Even ‘Dirty Pool’, for all its other problems, does not make such presuppositions. (4) Langton and West misread ‘Dirty Pool’ because they do not take proper account of the fact that pornography often traffics in sexual fantasy. The broader lesson is that we need to read pornography more sensitively if we are to understand its capacity to shape socio‐sexual norms (for good or for ill). (shrink)

Political deepfakes have prompted outcry about the diminishing trustworthiness of visual depictions, and the epistemic and political threat this poses. Yet this new technique is being used overwhelmingly to create pornography, raising the question of what, if anything, is wrong with the creation of deepfake pornography. Traditional objections focusing on the sexual abuse of those depicted fail to apply to deepfakes. Other objections—that the use and consumption of pornography harms the viewer or other (non-depicted) individuals—fail to explain (...) the objection that a depicted person might have to the creation of deepfake pornography that utilises images of them. My argument offers such an explanation. It begins by noting that the creation of sexual images requires an act of consent, separate from any consent needed for the acts depicted. Once we have separated these out, we can see that a demand for consent can arise when a sexual image is of us, even when no sexual activity was actually engaged in, as in the case of deepfake pornography. I then demonstrate that there are two ways in which an image can be ‘of us’, both of which can exist in the case of deepfakes. Thus, I argue: if a person, their likeness, or their photograph is used to create pornography, their consent is required. Whenever the person depicted does not consent (or in the case of children, can’t consent), that person is wronged by the creation of deepfake pornography and has a claim against its production. (shrink)

Pornography is everywhere, and it raises a host of difficult questions. What counts as pornography, first of all? When does material cross the line from being erotic to being objectionable? Where does a person's entitlement to sexual freedom end and another person's right not to feel objectified begin? How should rights be weighed against consequences in deciding what laws and policies ought to be adopted? Philosophers Andrew Altman and Lori Watson explore these and other issues in this succinct (...) and readable for-and-against volume. (shrink)

ABSTRACT In ‘Scorekeeping in a Pornographic Language Game’, Rae Langton and Caroline West borrow ideas from David Lewis to attempt to explain how pornography might subordinate and silence women. Pornography is supposed to express certain misogynistic claims implicitly, through presupposition, and to convey them indirectly, through accommodation. I argue that the appeal to accommodation cannot do the sort of work Langton and West want it to do: Their case rests upon an overly simplified model of that phenomenon. I (...) argue further that, once we are clear about why Langton and West's account fails, a different and more plausible account of pornography's influence emerges. (shrink)

This essay explains the prevalence of porn consumption by modeling it as a form of simulation. According to simulation theory (Gordon 1986, Goldman 2006) people predict and explain other’s behavior by using their own mind to model the mind of a target individual, much like an engineer might use a model aircraft to simulate the behavior of an actual aircraft. However, the cognitive mechanisms required for simulation have application outside of psychological interpretation. For example, it is plausible that while consuming (...) pornography individuals simulate the actual activities as depicted by the pornographic material. On this construal, viewers of pornography think and feel as though they are truly having the depicted experience: from the psychological and phenomenological perceptive of someone watching a pornographic video, they really are being sexually pleasured by others, and in just those specific ways. The goal of this essay is to develop the pornography-as-simulation model and examine both its social and theoretical implications. (shrink)

This book provides an introduction to philosophical treatments of pornography. It considers relevant debates in ethics, aesthetics, feminist philosophy, political philosophy, epistemology, and social ontology thus offering a comprehensive examination of the topic. While offering an introduction, the book also puts forward substantive philosophical views on pornography.

Claims that pornography cannot be art typically depend on controversial claims about essential value differences (moral, aesthetic) between pornography and art. In this paper, I offer a value-neutral exclusionary claim, showing pornography to be descriptively at odds with art. I then show how my view is an improvement on similar claims made by Jerrold Levinson. Finally I draw parallels between art and pornography and art and advertising as well as show that my view is consistent with (...) our typical usage of the term “pornographic art.”. (shrink)

The objective of this paper is to show that pornography dehumanizes women through essentialization. First, I argue that certain acts of subject-essentialization are acts of subject-dehumanization. Second, I demonstrate, by reviewing evidence about the linguistic material that we find in and around pornography, that pornography systematically deploys content that essentializes women in the ways identified as problematic. It follows that pornography dehumanizes women.

We investigate the question of whether (and if so why) creating or distributing deepfake pornography of someone without their consent is inherently objectionable. We argue that nonconsensually distributing deepfake pornography of a living person on the internet is inherently pro tanto wrong in virtue of the fact that nonconsensually distributing intentionally non-veridical representations about someone violates their right that their social identity not be tampered with, a right which is grounded in their interest in being able to exercise (...) autonomy over their social relations with others. We go on to suggest that nonconsensual deepfakes are especially worrisome in connection with this right because they have a high degree of phenomenal immediacy, a property which corresponds inversely to the ease with which a representation can be doubted. We then suggest that nonconsensually creating and privately consuming deepfake pornography is worrisome but may not be inherently pro tanto wrong. Finally, we discuss the special issue of whether nonconsensually distributing deepfake pornography of a deceased person is inherently objectionable. We argue that the answer depends on how long it has been since the person died. (shrink)

To be radical about pornography used to mean that one favored less censorship; now it often means that one favors more. That political change reflects a shift in the dominant paradigm of pornography and its putative evils. Until quite recently, most people who believed pornography wrong thought that it offended against decency and propriety and was therefore obscene. That was certainly the view of the law. English judges first created the crime of obscene libel in 1727 on (...) the basis that such expression tended to corrupt the morals of the King's subjects, a thought that inspired most subsequent legislation in the common‐law world. Sometimes the underlying concern really was paternalistic: pornography degrades and corrupts its producers and consumers; the law forces them to become better people. More often, however, it was just moralism of the familiar sorts: the view that a majority of a community is entitled to enforce its moral views on the rest, either because that is democratic or because that is just what it means to be a community. The obscenity paradigm thus had two features. First, it was illiberal: it ranked personal autonomy below realizing the good, enforcing the majority will, or embodying communitarian values. Second, it was gender neutral: to understand the nature of pornography did not require theorizing relations between men and women. On the obscenity paradigm, pornography was a matter of virtue versus vice, majorities versus minorities. (shrink)

In a recent and provocative essay, Christopher Bartel attempts to resolve the gamer’s dilemma. The dilemma, formulated by Morgan Luck, goes as follows: there is no principled distinction between virtual murder and virtual pedophilia. So, we’ll have to give up either our intuition that virtual murder is morally permissible—seemingly leaving us over-moralizing our gameplay—or our intuition that acts of virtual pedophilia are morally troubling—seemingly leaving us under-moralizing our game play. Bartel’s attempted resolution relies on establishing the following three theses: (1) (...) virtual pedophilia is child pornography, (2) the consumption of child pornography is morally wrong, and (3) virtual murder is not murder. Relying on Michael Rea’s definition of pornography, I argue that we should reject thesis one, but since Bartel’s moral argument in thesis two does not actually rely thesis one that his resolution is not thereby undermined. Still, even if we grant that there are adequate resources internal to Bartel’s account to technically resolve the gamer’s dilemma his reasoning is still unsatisfying. This is so because Bartel follows Neil Levy in arguing that virtual pedophilia is wrong because it harms women. While I grant Levy’s account, I argue that this is the wrong kind of reason to resolve the gamer’s dilemma because it is indirect. What we want is to know what is wrong with virtual child pornography itself. Finally, I suggest alternate moral resources for resolving the gamer’s dilemma that are direct in a way that Bartel’s resources are not. (shrink)

Is pornography within the coverage of the First Amendment? A familiar argument claims that it is not. This argument reasons that the free speech principle protects the communication of ideas, which appeal to the reason ; pornography communicates no ideas and appeals to the passions rather than the reason ; therefore pornography is not protected by the free speech principle. This argument has been specified in different ways by different writers. The most prominent and careful of these (...) are Frederick Schauer and John Finnis. Both founder on the attempt to distinguish pornography from art, which both would protect. If art, film, and literature should be protected, then this protection should extend to the pornographic subsets of these genres. (shrink)

I defend pornography as an important aspect of freedom of expression, which is essential for autonomy, self-development, the growth of knowledge and human flourishing. I rebut the allegations that pornography depraves and corrupts, degrades women, is harmful to children, exposes third parties to risk of offence or assault, and violates women ’s civil rights and liberties. I contend that suppressing pornography would have a range of unintended evil consequences, including loss of beneficial technology, creeping censorship, black markets, (...) corruption and extensive social costs. (shrink)

In contrast to [Susan] Sontag, who used the tools of literary criticism to evaluate sexually explicit fiction, I will use the conventions of pornography to interpret a dramatic monologue in which an expected sexual encounter fails to take place. In analyzing Rossetti’s “Jenny,” I will employ an interpretive model based on the work of [Steven] Marcus, [Susan] Griffin, and [Andrea] Dworkin. Despite different assumptions about sexuality—Marcus is a Freudian, Griffin believes in a mystical eros residing in the psyche and (...) waiting to be rediscovered, Dworkin regards heterosexuality as a construct for subjugating women and masking men’s homoerotic drive—they share several ideas applicable to “Jenny.” Although pornography features, and indeed perpetuates, various kinds of masculine power, especially the powers of money, class, and culture, it purports to be ahistorical in order to obscure its status as ideology. It depicts male sexuality as fear-laden aggression resulting in very little pleasure; thus it is not liberating on either a political or a personal basis. Pornography does not include “others.” Women are present only to be silenced, objectified, treated as screens on which a man projects his fantasies. Marcus, Griffin, and Dworkin are all concerned with what Suleiman calls “the representational or fantasmatic content” of pornography and “the political implications of that content.” The risks of emphasizing the representational—most especially, the denigration of language and style that result from Dworkin’s approach—can, as Suleiman says, be mitigated by careful attention to a particular text .In Rossetti’s poem, a young man attempts to purchase a night’s pleasure with a London prostitute named Jenny. After she thwarts his plans by falling asleep, he spends the night meditating about her beauty, speculating about her past, present, and future, and thinking about the causes of prostitution. Although Rossetti’s subject matter is consistent with the etymological definition of pornography as “writing about prostitutes,” he avoids the explicit depiction of sexual activity which has been the common element in most modern accounts of the genre. Indeed, the only physical contact between the narrator and Jenny occurs at daybreak when he places coins in her hair and gives her a parting kiss. Robin Sheets is associate professor of English at the University of Cincinnati. She has written on Thackeray, George Eliot, and other Victorian writers and is coauthor of The Woman Question: Society and Literature in Britain and American, 1837-1883. (shrink)

Philosophers involved in the ‘porn-or-art’ debates standardly assume that pornography is centrally about sexual arousal, while art is about something else. I argue against this assumption and for the view that there is no single thing that pornography (or art) ‘is about’. This suggests that there is no prima facie reason for claiming that some x cannot be both pornography and art. I further go on to develop an understanding of (what I call) ‘porno-art’ - a wholly (...) new kind of thing developing from the extant categories of pornography and art, but still distinct and separate from them. (shrink)

The Supreme Court views the word “obscene” as akin to word “pornographic”. Nothing is “obscene” unless it tends to cause erotic states in the mind of the beholder, and anything that produces this kind of “psychic stimulation” is a likely candidate for the obscenity label whether or not the induced states are offensive to the person who has them or anyone else aware of them. Recent Supreme Court decisions on the permissibility of pornography, particularly the various judicial formulae the (...) court has produced to deal with the problem, are reviewed. It is shown that the Court has vacillated between different legitimizing principles, applying either a liberal offense principle mediated by balancing tests or a thinly disguised moralism. (shrink)

This collection of eleven new essays contains the latest developments in analytic feminist philosophy on the topic of pornography. While honoring early feminist work on the subject, it aims to go beyond speech act analyses of pornography and to reshape the philosophical discourse that surrounds pornography. A rich feminist literature on pornography has emerged since the 1980s, with Rae Langton's speech act theoretic analysis dominating specifically Anglo-American feminist philosophy on pornography. Despite the predominance of this (...) literature, there remain considerable disagreements and precious little agreement on many key issues: What is pornography? Does pornography constitute women's subordination and silencing? Does it objectify women in harmful ways? Is pornography authoritative enough to enact women's subordination? Is speech act theory the best way to approach pornography? Given the deep divergences over these questions, the first goal of this collection is to take stock of extant debates in order to clarify key feminist conceptual and political commitments regarding pornography. This volume further aims to go beyond the prevalent speech-acts approach to pornography, and to highlight novel issues in feminist pornography-debates, including the aesthetics of pornography, trans* identities and racialization in pornography, and putatively feminist pornography. (shrink)

Section 1 proposes a new philosophical account of melancholy. Section 2 examines the reasons why one might think that pornography and melancholy are incompatible. Section 3 discusses some successful examples of melancholic pornography and makes the case that feminist pornographers are particularly well-placed to produce such material.

While pornography addiction currently circulates as a comprehensible, diagnosable, and describable way to make sense of some people’s ostensibly problematic relationship with pornography, such a comprehensive description of this relationship has only recently been made possible. The current analysis makes visible pornography addiction as situated within a varied history of concerns about pornography, masturbation, fantasy, and technology in an effort to bring to bear a conceptual critique of the modern concept of pornography addiction. Such a (...) critique in turn works to offer an alternative to treating the study of pornography addiction as the discovery of a new disease, instead conceiving it as the propagation of old forms of knowledge under a new moniker. (shrink)

Technology facilitates certain behaviours. This underlies the argument that the Internet may not be as benign as we might like to think. It is argued in this paper, through examination of the case of the capture of a large number of people on charges of possession of child pornography, that the Internet constitutes a kind of unintentional entrapment. Some consequences of this are explored.

Catharine MacKinnon has claimed that pornography is the subordination of women. Rae Langton has defended the plausibility and coherence of this claim by drawing on speech act theory. I argue that considering the role of context in speech acts poses serious problems for Langton's defence of MacKinnon. Langton's account can be altered in order to accommodate the role of context. Once this is done, however, her defence of MacKinnon no longer looks so plausible. Finally, I argue that the speech (...) act approach (adapted to account for context) offers an appealing way to make sense of disagreements over pornography; but also that this will probably not be so appealing to most proponents of the speech acts approach. (shrink)

This chapter contains sections titled: History of Obscenity/Pornography Law Arguments against Pornography Based on Harm Arguments against Pornography Based on Equality.

Rae Langton here draws together her ground-breaking and contentious work on pornography and objectification. She shows how women come to be objectified -- made subordinate and treated as things -- and she argues for the controversial feminist conclusions that pornography subordinates and silences women, and women have rights against pornography.

The primary purpose of depictive works of pornography, we take it, is sexual arousal through sexually explicit representations; what we callprototypical pornography satisfies those aims through the adoption of a ceteris paribus maximally realistic depictive style. Given that the purpose of sexual arousal seems best fulfilled by establishing the most robust connections between the viewer and the depictive subject, we find it curious that not all works of pornography aspire to prototypical status. Accordingly, we target for philosophical (...) scrutiny several non-standard but putatively pornographic forms: Tijuana Bibles, hentai manga, and slash-fiction. We find that works of these genres possess certain depictively or fictively oriented properties that appear at least prima facie incompatible with prototypical pornography, and thereby to pose two pressing questions that anyprima facie viable analysis of pornography must answer: the depiction question and the fiction question. By answering these questions, we can not only arrive at a deeper understanding of the aims of pornography and the reasons for which significant sub-genres of pornography might diverge from the prototypical ideal, but also perhaps better understand what lies at pornography’s edge, and so better understand the ways in which pornography might relate to what lies beyond. (shrink)

Rae Langton famously argues that pornographic speech illocutionarily subordinates and silences women. Making good this view hinges on identifying the context relevant for fixing such force. To do so, a parallel is typically drawn between pornographic recordings and multipurpose signs involved in delayed communication, but the parallel generates a dispute about the right illocutionary force-fixing context. Jennifer Saul and myself argue that if pornographic speech is akin to multipurpose signs, its illocutionary force is fixed by the actual decoding context: of (...) using/viewing pornographic recordings. By contrast, Claudia Bianchi argues that the relevant context is intended/expected decoding. Here I take issue with Bianchi’s view. Her intentionalist account faces two serious objections. First, the collapse objection: Bianchi’s intentionalist view is so formulated that it collapses into that endorsed by Saul and me. This undermines Bianchi’s case against us. Second, the dissonance objection: looking at a different aspect of Bianchi’s view, and one that does depart from the positions of Saul and myself, shows that her analysis is too intentionalist and cannot be used to elucidate pornography’s illocutionary force. Bianchi’s view should hence be rejected. This nevertheless leaves open further theoretical avenues of research, which I briefly discuss at the end of the paper. (shrink)

ABSTRACT I present and assess arguments both for and against censorship of pornography, explaining why the case on each side is inconclusive. In an effort to move beyond issues of censorship and to address the growing problem of violence in pornography, I propose a distinction between erotica and violent pornography. I then utilise this distinction to evaluate the moral status of, and certain social responses to, violent pornography. I show why most arguments that violent pornography (...) is morally wrong rest on assumptions that either may not be true or do not apply to all instances of violent pornography. I also indicate why the only unconditional moral argument against violent pornography—an argument I find reasonable—will not be universally acceptable. Finally, I discuss two alternatives to censoring violent pornography. I argue that the first, which adapts Joel Feinberg's right of reasonable avoidability, is too weak, while the second, which advocates refusing all subsidy and support for violent pornography, is ultimately too strong as a social response in a society committed to freedom. (shrink)

Masterpieces by Sarah Daniels has been described as a voice in the debate on pornography, expressing the anti-pornography position as opposed to the liberal feminist stance in this debate. Despite its ideological clarity reported by many reviewers and critics, the play has been commented upon as deficient or inadequate because of evoking conflicting interpretations and ambiguity. The paper argues that these deficiencies stem from the play’s concern with the distribution of agency and passivity along gender lines as well (...) as the influence of generic and essentialist notions of genders on the perception of social and individual power relations particularly in the domain of eroticism and sexuality. One of the key issues of the play is the question to what extent and in what ways human perception is conditioned by the place of the subject in relation to the agency/passivity dichotomy and his or her viewing/reading position in relation to erotic and pornographic material. (shrink)

La porno straight est un genre littéraire, photographique et cinématographique socialement et historiquement situé, facilement accessible, jusque dans l’univers domestique – le câble – et le domaine professionnel – les écrans de veille. Je ne connais pas la pornographie..

BackgroundProblematic pornography use is considered an addictive behavior, which is an important clinical issue. Despite considerable research interest in problematic pornography use worldwide, to the best of our knowledge, there are no extant studies on the subject in Japan. Therefore, despite the fact that many people in Japan use pornography, the difference between problematic and non-problematic users among Japanese people is not known.ObjectiveThis study aimed to identify the characteristics of problematic pornography use among Japanese students, to (...) the best of our knowledge. Specifically, we examined general psychopathological symptoms, sexual compulsivity, depression, anxiety, and low effortful control.MethodsThe participants were 150 college students aged 20–26 years at a university in midland Japan. An online questionnaire was administered that included items on pornography usage patterns, impaired control of pornography use, sexual compulsivity, depression, anxiety, and effortful control.ResultsMost men and approximately one-third of women used pornography at least once in the past month. Some users reported significant daily-life problems due to difficulty in controlling pornography use. Participants with impaired control of pornography use had higher depression, anxiety, and sexual compulsivity, and lower effortful control than pornography users without impaired control.ConclusionSome Japanese students reported significant daily-life problems due to impaired control of pornography use. The characteristics of individuals with impaired control are consistent with previous studies. The results of this study suggest that individuals with impaired control may have poor mental health, and that there is need for further research and development of treatment systems to manage this issue in Japan. Further research exploring a more varied sample in Japan is required to effectively examine problematic pornography use. (shrink)

One striking feature of pornographic images is that they emphasize what is depicted and underplay the way it is depicted: the experience of pornography rarely involves awareness of the picture’s composition or of visual rhyme. There are various ways of making this distinction between what is depicted in a picture and the way the depicted object is depicted in it. Following Richard Wollheim, I call these two aspects, the ‘what’ and ‘how’ of pictorial representation ‘recognitional’ and ‘configurational’, respectively. Some (...) pictures emphasize one of these aspects while underplaying the other. Pornographic pictures try to trigger as little attention to the ‘configurational’ aspect as possible. Instead of examining pornography, where the ‘configurational’ aspect of experience is underplayed, I focus on a historical attempt to create images of the female body where the ‘recognigional’ element is the one that is underplayed and the ‘configurational’ elements of the picture form an essential part of our experience. The pictures I have in mind are André Kertész’s series of photographs from 1933, called Distortions. I argue that Kertész’s Distortions are in this respect the counterpoint of pornography: they may be the least pornographic representations of the female nude. Instead of ignoring the ‘configurational aspects of the picture, making the picture transparent and fully at the service of showing the female body and thus to trigger arousal, Kertész aims to achieve the exact opposite. His photographs strip the female body of all its sexual connotations and draw our attention to the formal features of the picture – which is quite a feat in the light of the subject matter of these pictures that normally draw our attention away from the formal features of pictures. (shrink)

A book in which analytic philosophers examine the portrayal of sex in art and the possible artistic value of pornography proves a disappointment. Although a transcendental objection to pornographic art is rebutted, the papers employ barren philosophical methods that divert energy away from significant problems and into scholastic quibbles.

This chapter contains sections titled: The Tools of Folk Psychology The Modern Perversion of Mental Simulation Conclusions and Assessments Notes.

This article provides an overview of the key philosophical themes and debates in discussions of pornography. In particular, I consider the major positions on how pornography ought to be defined, when (and if ) it should be regulated, whether it is best understood as speech (or action), whether there is evidence that is it harmful. I argue in favor of what is known as the civil rights approach to pornography, as reflected in the work of Catharine MacKinnon.

We refine a line of feminist criticism of pornography that focuses on pornographic works' pernicious effects. A.W. Eaton argues that inegalitarian pornography should be criticized because it is responsible for its consumers’ adoption of inegalitarian attitudes toward sex in the same way that other fictions are responsible for changes in their consumers’ attitudes. We argue that her argument can be improved with the recognition that different fictions can have different modes of persuasion. This is true of film and (...) television: a satirical movie such as Dr. Strangelove does not morally educate in the same way as a realistic series such as The Wire. We argue that this is also true of pornography: inegalitarian depictions of sex are not invariably responsible for consumers' adoption of inegalitarian attitudes toward sex in reality. Given that pornographic works of different genres may harm in different ways, different feminist criticisms are appropriate for different genres of pornography. (shrink)

The Supreme Court dismissed the Pornography/Civil Rights Ordinance as an unconstitutional restriction of speech. The Court's dismissal itself violates the free speech of the proposers of the Ordinance. It is not possible for both pornographers to perform the speech act of making pornography and feminists to perform the speech act of proposing the Ordinance. I show that the speech act of proposing the Ordinance takes First Amendment precedence over the speech act of making pornography.

In this paper, I consider how digital technologies have changed the conceptual landscape by forcing us to reconsider three core concepts at the heart of the category of child pornography: (i) what it means to be an image; (ii) what it means to be an image of a child; and (iii) what it means to be a sexual image of a child. I demonstrate that we might need to radically reconceive these concepts and I point to some policy implications (...) of doing so. (shrink)

Art and Pornography presents a series of essays which investigate the artistic status and aesthetic dimension of pornographic pictures, films, and literature, and explores the distinction, if there is any, between pornography and erotic art. Is there any overlap between art and pornography, or are the two mutually exclusive? If they are, why is that? If they are not, how might we characterize pornographic art or artistic pornography, and how might pornographic art be distinguished, if at (...) all, from erotic art? Can there be aesthetic experience of pornography? What are some of the psychological, social, and political consequences of the creation and appreciation of erotic art or artistic pornography? This book will contribute to a more accurate and subtle understanding of the many representations that incorporate explicit sexual imagery and themes. It is sure to stir debate, and healthy controversy. (shrink)

Contemporary egalitarian liberals—unlike their classical counterparts—have lived through many contentious events where the right to freedom of expression has been tested to its limits—the Skokie, Illinois, skinhead marches, hate speech incidents on college campuses, Internet pornography and hate speech sites, Holocaust deniers, and cross-burners, to name just a few. Despite this contemporary tumult, freedom of expression has been nearly unanimously affirmed in both the U.S. jurisprudence and philosophical discourse. In what follows, I will examine Ronald Dworkin's influential contemporary justification (...) for freedom of expression, which claims that a thoroughgoing right to freedom of expression is justified by the fact that it guarantees and preserves liberalism's commitment to equality by offering everyone an opportunity to speak, whereas any other policy, such as state regulation, would fail to offer this equal opportunity. This justification has been challenged by feminists and critical race theorists, who find the cases of pornography and hate speech to be sufficient threats to the freedom of expression and equality of their targets—women and minorities—to warrant limiting freedom of expression in these cases. I will argue that if Dworkin is to take equality as seriously as he claims to, then, by his own lights, he must back away from an unrestricted freedom of expression, in light of these distinctly contemporary challenges of the harms of systemic racism and sexism, which underlie hate speech and pornography. (shrink)

Pornographic speech harms women by playing a key role in sustaining the social conditions through which women's liberty and equality are undercut. Though there is a principled moral and constitutional basis for pursuing a legal strategy in fighting pornography, we should not overestimate the effectiveness of the law or underestimate its potential dangers. The struggle against pornography must be waged through education, expressive exploration, and protest, not through the law.

According to Catharine MacKinnon, pornography itself subordinates women by ranking women as inferior to men and legitimating acts of violence and discrimination against us. As such, pornography is directly implicated in women's diminished moral and civil status. It follows that pornography is not a form of speech, but rather an action, and so does not deserve first amendment protection. I argue that MacKinnon does not adequately support her claim that pornography is an action but instead shows (...) that it is harmful speech. While this might be grounds for limiting it, MacKinnon does not adequately support the view that pornography is especially harmful in comparison to other sorts of misogynist and sexist speech. Hence we lack reasons to limit pornography alone. (shrink)

In this paper, I develop two criticisms of Miranda Fricker’s attempt to offer an interpretation of MacKinnon’s claim that pornography silences women that conceives of the silencing in question as an extreme form of testimonial injustice. The intended contrast is with the speech act theoretical model of silencing familiar from Rae Langton and Jennifer Hornsby, who appeal to MacKinnon’s claim to argue against the standard liberal line on pornography, which takes a permissive stance to be demanded by a (...) right to freedom of speech. Fricker’s alternative suggestion is that women are the victims of ‘an especially acute form of testimonial injustice’, due to the kind of dehumanizing bad sexual ideology peddled in much pornography. Fricker suggests that both notions of silencing are coherent possibilities, but that ‘the epistemic model describes the more empirically likely possibility, simply because it requires less erosion of women’s human status before the silencing effect kicks in’. I question the truth of this advertised advantage of Fricker’s epistemic account of silencing, but also its relevance to philosophical debates about pornography and silencing. Second, I raise a concern about theorizing about sexual refusal as a kind of testimony, as Fricker does. (shrink)

I have taken a Kantian approach to the issue of pornography and degradation. My thesis is that by perpetuating derogatory myths about womankind, for the sake of financial gain, the pornography industry treats the class of women as a means only, and not as composed of individuals who are ends in themselves. It thus de-grades all women, as members of this class, imputing to them less than full human status.

Although others have focused on Catharine MacKinnon's claim that pornography subordinates and silences women, I here focus on her claim that pornography constructs women's nature and that this construction is, in some sense, false. Since it is unclear how pornography, as speech, can construct facts and how constructed facts can nevertheless be false, MacKinnon's claim requires elucidation. Appealing to speech act theory, I introduce an analysis of the erroneous verdictive and use it to make sense of MacKinnon's (...) constructionist claims. I also show that the erroneous verdictive is of more general interest. (shrink)