This past Monday the U.S. Supreme Court upheld 7-2 a 2003 law that makes it a crime to offer or solicit sexually explicit images of children. The law (the “Protect Act”) does not distinguish between real children used and depicted in pornography and computer-generated child porn or digitally altered photographs of adults (to make them appear to be children). The law also makes it a crime to offer child pornography or to sell it, to “pander”, even if there is no child porn at all and the panderer is lying. Persons convicted under this law are subject to a mandatory five years in prison.
The 2003 law was a response to a 2002 Supreme Court ruling. In that ruling, the Court found that a still-earlier law prohibiting possession of purported child porn was unconstitutional where the children in the porn were not real children. The First Amendment was violated, the justices said, by a law that “prohibits the visual depiction of an idea.” The reasoning of the Court was that we forbid child pornography because it exploits real children. If no real children have been exploited, the Court’s view was, there is no reason to forbid the child pornography, however despicable most find it to be.
The new law and the earlier one, the Child Pornography Prevention Act of 1996, were intended to address the difficulties of prosecuting internet pornographers. Until now, prosecutors have had to prove that real children were being depicted in child pornography, very difficult to prove so far as internet child porn. In his decision for the Court, Justice Scalia wrote about this difficulty as follows:
The Act’s express findings indicate that Congress was concerned that limiting the child-pornography prohibition to material that could be proved to feature actual children, as our decision in Free Speech Coalition required, would enable many child pornographers to evade conviction. … The emergence of new technology and the repeated retransmission of picture files over the Internet could make it nearly impossible to prove that a particular image was produced using real children–even though “[t]here is no substantial evidence that any of the child pornography images being trafficked today were made other than by the abuse of real children,” virtual imaging being prohibitively expensive.
The Court’s decision last Monday means anyone who offers child porn to others, i.e., sends them links, or anyone who solicits child porn (”Can you send me some links?”) can be charged and convicted if (1) he believes he is offering child porn which depicts real children, or (2) he is trying to convince an interested party that the porn depicts real children. In other words, any sort of discussion about exchanging, giving away, selling or seeking child pornography where the persons in the discussion are talking about real children in the pornography is now speech that is not protected under the First Amendment.
The case involved was United States v. Williams. In that case, a man offered what he said were sexually explicit photos of his daughter over the internet. He was caught by undercover cops and his hard drive was seized. While photos of his daughter were not found, hundreds of sexually explicit photos of other young girls were found. He was charged with possession of child pornography and with pandering. Williams appealed the lower court’s judgment against him on the basis that he was offering pornography that didn’t exist; in fact, he didn’t have photos of his daughter on his computer.
I wonder how this decision might eventually apply to other kinds of pornography. If seeking or trafficking in porn that depicts real children is prohibited and is not protected speech (even as “fantasy” apparently, given that this kind of discussion is criminal even if the porn doesn’t exist), then seeking or trafficking in other kinds of pornography depicting illegal acts — rapes, murders, beatings, “gonzo porn” so-called — should likewise be prohibited, with soliciting, offering or selling this pornography also viewed as not protected under the First Amendment if the people involved believe it is “real” or are promoting it as “real.”
Having said that, since the issue of the actual harm caused by pornography itself remains unaddressed by the laws and the courts, it seems likely that pornographers can proceed, business as usual, as long as they claim that what they are seeking, offering or selling isn’t “real” — even it if is real. Then again, these are perps we are talking about, rapists. There is probably some number of them who can only get off on even discussions of child porn if there is some idea or assurance that real children are being raped and brutalized.
There’s not much at all about it on the internet or in the blogosphere. I’m betting plenty of people on the pro-porn side oppose this ruling but can’t quite bring themselves to be understood to be defending child pornographers or child pornography. In fact, where pornography is protected as someone’s freedom of speech, child pornographers will use it, make it, traffic in it, and thrive. The pro-porn side, whether they admit it or not, has so far seemed to view the proliferation of child pornography and pornographers as some sort of unfortunate collateral damage in their (un)holy war to preserve this particular type of ”free speech” (read: the unfettered right and entitlement to whack off to as many depictions of violated bodies as possible). To the degree that this ruling chips away at that particular unfettered right and entitlement, I think it’s a good thing.
Link to the Supreme Court decision in United States v. Williams.
The New York Times views the decision as a “threat to free speech”.
Dorf on Law, “Real and Fake Child Pornography”
Oh hell yeah.
And this:
“The law (the “Protect Act”) does not distinguish between real children used and depicted in pornography and computer-generated child porn or digitally altered photographs of adults (to make them appear to be children). ”
Finally!
Heart,
I am SO GLAD to read this, just finished our last diversion [my daughter's] class, then to find, spouse get ticket [no insurance/expired license] which we KNEW yes, was a risk [we usually take bus] but had to go to the class [court ordered] and couldn’t leave kids alone [too young] and no way to get there, back against the way [joys of Poverty],
and I come home, to see this,
makes everything today, Worth while, I am SO happy to know,
no tolerance for child porn, Good! Good! Good!
Finally, some Good news, and this IS good news!
BUT
Watch this get used against little teenage girls who are approached by adult men and who send links to their Myspace or send them pictures on their cell phones or whatever.
Ugh.
Heart,
it wouldn’t be held against th teenage girls–but against the Parents of those girls for failure to protect, or child endangerment,
or something in that line–I would think the parents would be charged and held liable just like in Any other act that is illegal is today,
if perpetuated by a minor–its the parents who are charged, not the kids, oh,
the teens are, but if under 18–doesn’t matter if the parent had no idea, the parent will be the one to pay, and in a case like this, it would, I can guarantee you, would have CPS immediately accusing parents of child sex abuse-environment,
thats just how the system works. With internet–it would fall under lack of parental supervision BUT–NOW GET THIS,
if, a PARENT INTERVENES on behalf of the child/interferes with internet ‘danger’ use, THEN
CPS AND THE NEO-LIBERALS, SERIOUSLY,
will then charge the PARENTS FOR CHILD ABUSE TOO, BEING TOO ‘HARSH’,
or some shit like that, invasion of privacy…
you can’t win, why I hate, seriously neo-liberals and the permissive society because it is DESTROYING our youth, girls especially,
[and yes, there was a case, CA, this past year, CPS charged a couple for child abuse FOR GROUNDING THEIR DAUGHTER when they found out she was hanging out with drug crowd],
its just fn’ ridiculous, and seriously this is one area I am in TOTAL agreement with the far right/religious right on in regards to Parental Rights because, [not with the abuse of those rights no],
because the OTHER extreme has left our kids wide open for every pervert and control and influence out there–and IF they do get caught up in the state system, they are far more likely to be sexually abused, be it juvi system or foster care or children’s homes,
all under the Guidance of the SS CPS people. And under their loyal protection…and they have ABSOLUTELY
NO ACCOUNTABILITY,
and its because of this, that many kids, were returned to be sexually abused AGAIN, in TX,
if, however, those homes had of been poor, single mother homes and there was, lets say, a dirty house, [example]
there would have been no issue whatsoever, kids would have been pulled, regardless of danger or abuse, etc.
why I HATE THEM, it is the most screwed up system when it comes to teens/kids,
not only that, but yes, the Internet IS the most dangerous place for our kids, I know it well as far as that goes because I DO SUPERVISE my daughter’s internet [try to respect her privacy to a degree] but, sure enough, there was a man, 35 years old, on several of the teen girls pages here where we live–he looks like he’s about 20, but he’s 35, and he has slept with god knows how many of these girls…
and yea, not only are girls putting their Pictures on my space, the big thing now, is having group sex, sex, and filming it and putting it online–at drug parties, raves, etc.[parents be aware of the ectasy drug because that drug is often used] but not always, its such a ‘hip’ thing to do now,
this whole ’sexual empowerment by sleeping around and allowing boys to gang bang you, etc’, [thanks to the liberal sex cult], and our teen girls/boys are falling into this more than most parents even know..
if Parents ONLY KNEW–they’d shit, seriously, there is SO MUCH DENIAL…
so yea, watch your teen girls [and boys because they are being victimized too], and Especially if your teen girls are involved with gang activity, the big thing now too in gangs, is these girls being forced to have sex with Dogs and they film it…[no kidding], often there is crank involved, [crank addiction],
but DARE intervene or displine for your Kid’s welfare–the SS CPS is right there, I swear its a STATE agenda, destroying our kids [and remember, I'm leftist, I'm not some Bible thumping neo-con],
why I will, do whats necessary to keep my kids safe, and if the Nanny STATE CPS SS team doesn’t like it,
they can kiss my leftist fed up with the STATE’s ass.
I hate them, there is no WORDS to describe how much I hate them–
(lived in children’s home at age 14–I KNOW what their fucked up system is, majority of my friends then, in girls homes, etc., had been sexually abused by juvi officers, etc., they exploit the Shit out of these children…]
IF there was EVER a revolution, I’d be on the front lines…and they’d be the ones, I’d go after first.
meanwhile, yea, Do keep watch over what your teens and girls ARE doing on the internet, invasion of privacy, yea, but you know, better to invade some privacy,
then find your kid, is out there somewhere, being used in porn or being raped/killed–and MY Space–is the perfect avenue where pedaphiles,
Look for your kids. [men and women, its not just men]
Tasha
Heart, child pornography has a whole other law protecting children from abuse. You can see clearly that Part 5 of the Criminal Justice and Immigration Bill that children don’t come into it – yes. This is because children are protected with other laws. If an adult is caught with child pornography, Part 5 of the CJIB, the ‘extreme porn law’, won’t come into it.
As for ‘virtual’ children – that is, I believe, still illegal in the EU and Australia. As for the US… I’ll have to take your word for it, but I think you’re probably right.
I have defended the ‘extreme porn law’ on my own blog and on an online journal. Child pornography is utterly inexcusable. If I believed the extreme porn law could be used as a loophole then there would be absolutely no way I’d support it. Absolutely no arguing about freedom of speech and rights etc would make me support that.
So no, I don’t agree that defending the extreme porn law is defending child pornography. I’m very concerned that people would think that.
(I can’t find a comment policy, btw, I assume a pro-porner is allowed to comment on this blog? Unless I’m being blind and just not seeing it, of course)
Caroline, the Supreme Court ruling upholding the law protects “virtual” children.
I’m not sure I’m following your line of thought here. I looked up the “extreme porn law” and it looks to be a UK law — I’m not familiar with it. Anyone in the U.S. caught with child porn can be criminally punished too, but until now, prosecutors had to prove that the porn they had depicted real children. In fact — if you read the Supreme Court decision — pretty much all child porn IS of real children because it is prohibitively expensive to make digitalized images of child pornography. But the fact that child porn is exchanged over the internet has heretofore made it impossible for prosecutors to *prove* it is real children being depicted — even when everybody knows that it is. This decision changes that. It doesn’t matter whether the porn is real or fake, if somebody suggests it’s real or believes it’s real, even if it doesn’t exist, and attempts to exchange or solicit it, they have committed a crime.
So, I don’t really know what point you are making so far as my post here. If you’re referring to my paragraph about those who defend pornography acting as though child porn is a sort of unfortunate collateral damage to protecting their free speech, I think that has been entirely true in the U.S. Sure the pro-porn side hates child porn, says they. But they don’t like any sort of regulation of pornography at all, either. Meaning, again, they just sigh and say, oh, too bad, those child porn pervs, but heaven forbid we do anything that really might take them out.
Thanks for blogging about this — like you, I’m pondering the ramifications vis a vis the free speech argument often used to defend the misogynistic portrayal of women in porn.
I find it very interesting that makers of the RealDoll refused to make child dolls for pedophiles, despite a huge demand. No real children were getting hurt, and it might be an outlet for depraved people that doesn’t harm anyone, so why not? The same argument is used for BDSM porn when it involves hurting women, after all.
The same people who viscerally understood why there shouldn’t be child dolls for pedophiles, didn’t understand why some people might find the idea of men mutilating RealDolls (who look like women) creepy and disturbing. Neither hurts a real human, but children can’t be violated even in thought, and women, of course, can.
I’m all for free speech and criticism of offensive speech, and I see the contradictions some pro-porners end up embracing in their tortured logic: For instance, defending (on free speech grounds) the abuse of women but not defending anti-Islamic speech (Koran burning) on free speech grounds. Why not just say you’re going to defend the kind of speech you like but not the kind you don’t like and leave the First Amendment out of it since it obviously is not about free speech with you?
Anyway, things to think about.
Tasha:
There have been several recent cases where teenage girls have been charged under existing laws with possession/dissemination of child pornography and charges relating to delinquency for passing out nude/partially nude/sexual photos of themselves on the internet.
I see no reason to disagree with Heart that this may well continue to happen and be upheld under this legislation as well as any other relevant legislation.
hex;y,
Exactly though, and its this part right here,
“There have been several recent cases where teenage girls have been charged under existing laws with possession/dissemination of child pornography and charges relating to delinquency for passing out nude/partially nude/sexual photos of themselves on the internet.”
where it says Delinquency and That is where PARENTS will be charged also–I was not saying teens wouldn’t be charged, but with Any ‘minor’ charge–Parents too are charged because its in regards to minor children,
I would suspect, if there is illegal activity going on IN THE RESIDENCE THEN YES, PARENTS ARE RESPONSIBLE because LEGALLY,
THEY ARE RESPONSIBLE FOR THE ACTIONS OF THEIR TEENS/CHILDREN,
and, while the parents may not be charged with distribution of porn, they CAN VERY WELL BE CHARGED, WITH THE CONTRIBUTION OF JUVENILE DELINQUENCY,
OR, CHILD ENDANGERMENT BY LACK OF SUPERVISION, ETC.,
[caps for emphasis, my computer doesn't bold with control keys] but anyway,
my point was, that this, like several other areas will be used to actually go after parents, by those in government [who have no fricking accountability btw],
just as well as going after teens [never mind the MEN that put them up to the shit],
and my POINT was, PARENTS NEED TO BE VERY, VERY AWARE,
because there is so much ignorance out there about how laws are used to ‘limit parents’ in PROTECTING THEIR CHILDREN [FACT] and yet, those Same gov bodies will then, turn and CHARGE PARENTS, FOR NEGLECT/SUPERVISORY AND ENDANGERMENT when their children/teens choose to act illegally–
and the crap that goes on the internet via teens, Parents, yes, need to be Very aware of, BECAUSE NOT ONLY IS IT DANGEROUS,
THEY TOO, CAN BE CHARGED.
Doesn’t matter if ‘you don’t know’ either as a parent–the LAW still holds PARENTS LIABLE for the actions of MINOR CHILDREN,
so, the Porn industry=cyber space tool to lure children/teens especially, is not just a war against children,
its a war against families. I do monitor the internet here at home [and if CPS doesn't like it, they can go fuck themselves],
because I don’ t want to see any of my children being lured into some pervert’s web, and it Does happen,
just as much as boys drugging teen girls and them filming them, happens all the time,
usually however, what you have is teens putting pictures of themselves for their ‘boyfriends’ on their My Space or what have you, to show themselves as ’sexual’, etc., [because thats the message they get from media, society, culture, etc., and its not just hetero either],
and the perverts who pose as teens scout these, pose as teens themselves, and try to hook up with them, etc…
THATS THE DANGER and I cannot overemphasize this…
I think, what we NEED to do is teach our teens cyber safety and common sense, and if you have teens, you know, they don’t always listen to wisdom, they are ‘invincible’, etc.,
in our State, there was a teen woman gang raped by thugs hanging out on My Space and she met them, etc,
it Does happen, I think more than reported. My anger, is at the neo-liberal pieces of shit out there, who want to pass these laws that hold parents hostage in areas of supervision where literally there is no one watching over the kids [other than the state, which, LOL, yea, right, you have more chance being molested in juvi or foster care, SERIOUSLY, esp if you are Teen woman],
and basically just leaving our kids alone to defend against the wolves in sheep’s clothing…
our Teen Women/Girls especially. I think there is agenda behind it [esp if you look at all the media including kid's media that is showing more and more young girls looking like Fredericks of Hollywood, sexualizing -sic-at more and more younger ages, and YOU'd have to be just fricking blind and stupid NOT TO NOTICE THIS,]
and how the neo-liberals [or wack jobs], how they are basing their more nanny state b.s. is using the model presented in the UN Child Rights, in that whole area of
‘invasion of privacy’,
to where, Any intervention could be deemed as invasion of privacy–which is just ludicrous,
while, granted, I concur with a lot of the Rights of the Child, there are some serious flaws that also present some very real problems, why there needs to be some balance between parent rights/children rights [I say HUMAN rights for BOTH],
so that, our teens/girls especially, are not left defenseless against a beurocratic [sic] system that is truly,
just OUT TO EXPLOIT THEM, SEXUALLY ESPECIALLY,
but you see, I guess, I’m just a bit biased because where I sit, EVERY SINGLE TEEN GIRL I KNOW,
IS PREGNANT BEFORE 16. OR HAS HAD MULTIPLE SEX PARTNERS, SOME FORM OF STD,
AND AT LEAST HALF, MARRIED OR IN ABUSIVE RELATIONSHIPS GETTING THE SHIT BEAT OUT OF THEM, BY SOME PUNK,
BEFORE THEY ARE EVEN TWENTY,
and lo and behold, yea, I support sexual freedom and birth control and empowerment,
But I’m not seeing that, I’m seeing GIRLS LIVES BEING DESTROYED FOR A SEX CULTURE
and DAMN RIGHT, I blame the neo-liberals, the Patriarchy, and the Nanny State–Police State,
so, Parents, yes, need to get ‘out of denial’ and START FIGHTING FOR THEIR CHILDREN,
FUCK GOVERNMENT, STATUS QUO, AND ALL THE OTHER FORCES OUT THERE,
that are destroying our kids, our FUTURE, and yea, it Really pisses me off, that on One hand, we have these do gooders saying oh you can’t do this, this, let your kids be free and yea, SURE, that way, they are wide open to be exploited,
and Then, they have the goddamn gall, to DEMAND PARENTS pay Fines and Retribution when those Teens get out of hand or break the law…
Double standards, and I sit here, and see teens all around me, being DESTROYED BECAUSE OF IT,
from all Classes and All races [though more in lower incomes/etc].
Why I do, yes support this law, strongly–but, if we Don’t want it being used against teen girls,
then its time by golly to stand in the face of the neoliberal shit out there, and say,
HANDS OFF MY KIDS,
AND mean it.
You know when it comes to Drugs [drug culture] and Sex,
I totally concur with what Malcom X said–Michael Parenti too,
its Deliberate stratification to DESTROY THE FABRIC OF POOR FAMILIES, PEOPLE OF COLOR, AND THE POOR…
and, Women/young women especially…
I have a lot of Rage over this because I see it daily–want to KNOW why our youth, are as violent and in gangs [and don't kid yourselves its not just the gangs in LA or other large cities, look at the ICP culture, that is HUGE AND GROWING],
thats just ONE of them,
I’ll tell you why, because THIS SOCIETY, HAS CHEWED UP HER CHILDREN,
EXPLOITED THEM, ABANDONED THEM, LEAD THEM TO SHIT THEY HAD NO DAMN BUSINESS IN, AND THEN ABANDONED THEM AGAIN,
and the children are reacting to that.
The ONE of Many good thing about this law, is that maybe NOW,
we can start Doing something about the sexualization of our girls, at ridiculous AGES,
shit, you can’t even watch Disney Channel, without seeing teen girls,
acting like strippers, and just ask Any kid–they notice it.
I say, rather than blame the Teen girls or the Parents,
lets start hanging some of the neo-liberal pieces of trash out there that Promoted this Culture to begin with….
Tasha
Over on Feministe they’re all saying hey, virtual child porn? No problem. Free speech. Even though virtually none of the internet porn out there is “virtual.”
Heart,
oh, the part where ‘if its not real children being used its not really child porn’,
hmmm,
well, taking That logic,
lets see,
Virtual, if its not real bombs being used, its not eh, real violence.
Virtual, if its not real women being raped, its not eh, really rape.
Virtual, if its not real people being blown to bits, hacked to bits, etc., its not eh, really violence…murder, etc.,
so, if we were to Take that a bit further–
IF, its Virtual, meaning, visual, and its only ACTORS-ACTRESSES playing a part,
in scenes of rape, child rape, its not eh, really rape or child rape [therefore, would support pro-porn claims all the way],
IF, its Virtual, meaning, visual, and its only ACTORS-ACTRESSES playing a part,
in scenes of murder, torture, maiming, etc., its not eh, really violence [therefore, would support pro-violence claims all the way]…
ONCE we make Allowances for violence/sexual violence, in ANY VIRTUAL FRAME,
WE MAKE ALLOWANCES FOR ALL OF IT.
One, can’t be against child porn then say, they are not against Virtual child porn–
because if one took that logic, then Whose to say, in child porn [playing Devil's Advocate here to make a point] that the child simply isn’t ‘acting’ and that the scenes aren’t real…
and if they aren’t real [as they aren't real in Virtual porn--the defense at Feministe] then,
whats the complaint against Any child porn?
I should post what I posted on another blog here, in regards to Pornography, and the issue of Speech, not only that, I should rewrite it in more of a professional tone because I address that whole area of ‘free speech’,
you all would be free to use it, because Porn, is Imagery, not Speech. It falls into the art category, in that regards,
but then, my question would be, where do we draw the line between ‘art’ and ‘visuals depicting actual physical violence occurring’?
Not only that, but the Physical ACT in PURCHASING porn, be it child porn or adult porn, in Violent Porn [maybe not so much in soft porn, but in Violent Porn],
the Consumer who purchases Visual scenes of acts of rape WITHOUT HAVING KNOWLEDGE OR PROOF THAT IT ISN’T REAL [because fact we know child porn is often real child rape, obviously, and rape scenes in porn, nine out of ten are real rapes that occur],
therefore, the buyer of that, is not buying Art,
he/she is BUYING TO PARTICIPATE IN RAPE,
WHAT I CALL,
FELONY RAPE
AND FELONY CHILD RAPE.
I shall find the copy of what I posted on this, and post it here, because, this whole area of Free Speech when it relates to Porn,
is one of the strategies that pro-porn supporters use, to evade the Real Issue, and that is
being an ACTIVE PARTICIPANT IN THE FELONY RAPE/CHILD RAPE OF INDIVIDUAL/S OR CHILD via PHYSICAL MOVEMENT IN PURCHASE TO ACQUIRE SAID SCENE OF ACTUAL ACT OF RAPE/CHILD RAPE OCCURRING, EVEN IF AFTER THE FACT,
IT IS STILL, PARTICIPATORY FELONY RAPE.
no Free Speech–and Virtual Porn,
is same damn thing, one who purchases Virtual Porn Does so, to PARTICIPATE IN FELONY CHILD SEX ABUSE.
not only that, virtual child porn is just too vague, to NOT be included in the anti-child pornography,
taking Photos of children and putting their faces on other bodies, is STILL CHILD PORN,
one, there is NO CONSENT by the child to do this, violation of human rights and SEXUAL AUTONOMY RIGHT THERE,
and two, it is, an act of Rape, when it violates the Sexual Autonomy of a child/children.
And it just never ceases to amaze me, how those who Support or are Apologetic to ANY type of Porn, Child Porn especially,
do so in this screwed up thinking of sexual autonomy and empowerment,
I say, Autonomy for WHO?
not the one [nine out of ten] coerced into doing porn scenes/and Especially not of child porn,
their Sexual Autonomy is VIOLATED,
so that another, can take Their Autonomy, and violate anothers Autonomy–
which, IS A VIOLATION,
OF INDIVIDUAL LIBERTY AND A STARK CONSTRAST, TO THE PRINCIPLES OF PROTECTING
FREEDOM,
SPEECH, OR OTHER WISE.
Tasha
I will post those two segments on Porn and the Conflict of the Free Speech argument here Heart–and why, Porn is not a matter of Free Speech,
it is, a matter of Felony Rape/Felony Child Abuse, especially in the global market of trafficking and sex slavery today.
Heart,
know you are busy right now with the blog migration etc., but when you get a chance, I posted this, on one of the blogs that was on the Carnival Against Pornography…I can’t get into the blog, now its closed,
but, I did keep copies of what I posted because its part of the thesis-conclusion–that I’ve been working on, back and forth for about seven years now.
Its in strictly rough draft form [though the original--more detailed argument Is copywrite protected in my real name], because its part of a longer thesis, and I haven’t be far worked out all the details…
now, my thesis was on the links of culture rape and the geo-political use of rape, including porn/child porn and so forth, and it covers several areas…it was only this past year,
where I concluded on one solution and that is to address the issue of Felony Rape/Felony Child Rape, in light of the increase in trafficking worldwide and the sex slave market.
One of the focuses is on the area of Freedom of Speech and how that argument is used as a cover to commit human right violations, violations of Sexual Autonomy and violations of individual liberty and national liberty, etc.,
I posted a brief part of this on this one blog [one of the main ones on the Carnival] and quite a few felt it had good potential of possibly becoming a basis for law…
so, luckily I kept copies, which I often do, when I post because I go back and take things I write and polish them into more formal writing [not casual email-blog-board style], to maybe publish one day, or, who knows, maybe make a difference. I’m still working on Empirical Studies/Research and there is A lot involved, and my focus is on violent porn, due to the nature and how it is related to the black market porn made during war, ethnic cleansing, trafficking and so forth…I do not cover as much on soft porn, though I’m not in support of, for legal purposes and to address the issue of violent porn, particularly used as a tool of terror my thesis covers violent porn imagery on rape, gang rape, child porn, etc.
here are the posts: [for those of you, sorry this IS long, and its not formal, it is merely an outline of something I've been working on for some time]
————
[this is just the part in regards to Porn and Hate Speech-Freedom of Speech argument, and why we need to take porn OUT of the whole Freedom of Speech assertion and put it into the Criminal Conduct due to the acts of Felony Rape....
.....
Yes, Porn is Hate Speech, but like other forms of Hate Speech, it is near impossible to legislate against it due to all the possibilities that can occur with censorship, etc., such as who in power defines what Hate Speech is [playing Devil's Advocate here for a moment].
Tasha [feel free to pass this forward]
But now, too the Porn supporters [industry esp] I think use the Freedom of Expression/Speech to distract us from the real issues, such as a huge percentage of women and children who are being forced into porn, forced to be participants in porn by intimidation and often violence, and yes, many times just blatant rape.
This is something I’ve been thinking on for a while and its like men hide behind the speech argument to get by with participatory rape of a woman, or child under a legal system that does not penalize for felony rape. Same is true in gang rape cases too, where those who watch and cheer the rape on don’t get prosecuted either…
but now in cases of murder they do. Its like rape falls under this whole other standard even though, I would argue that it is a form of murder, though now arguing that would be near impossible in a legal way but well, it IS an attack on a person’s liberty, thats for sure, so like I think there are means, maybe not in getting rid of all porn but at least, violent porn in images where actual rapes are viewed, that could be, in a very legit way, addressed and even outlawed.
Take for example, what if Porn Industries had to have on a label, a disclusure that there was no actual ‘rape’ and that the actors/actresses also signed a legal validated [in front of legal witness not hired by Porn Industry] that they were not coerced or raped, etc., and had freedom to decline such violent scenes,
if there was legal mandate for such labels, that just right there, would end so much of the violent porn. Which I think would end about 75% of all porn. And if, that label of disclosure wasn’t there, and if lets say, a man was arrested with that porn in his possession, then he would or could be charged with felony rape, as well as the Porn Industry/company/individual/s who made the film.
I do think its a strategy that is well worth looking into more thoroughly because with child porn, there is that criminal code, with rape in porn, there isn’t…That needs to change.
Now while it may not get rid of the willing subjugation images and all that male fantasy porn crap–it Would at least, put that whole its only free speech argument where it belongs–in the trash.
Because then the language would change, to watching free expression/fantasy to, actually participating in the crime of rape.
Paying MONEY to participate in the act of rape, because there is so much porn that is based, on actual Rapes, and these rapes never get prosecuted and what is so sinister about it, is not only that the bastards [excuse my French] get by with raping a woman/child or gang raping her/them…the men who then go out and buy that filming of the Rape get to do it all under the cover of ‘free speech’ and there is in no way, justice in that.
Pro-Porn supporters always want to distract and focus on the free speech and fantasy and so forth, well, its like this, I can fantasize about killing someone, maybe even read a book that is about killing someone, but now,
if I go buy a film that is an actual depiction [not actors] of an actual killing then I’m just as guilty of murdering that individual because an actual murder took place for my fantasy, etc. And thats what Porn is, its a protected Industry of Rape and Murder where victims are brutally beaten, raped, gang raped, whether they are coerced into porn in the beginning with just sex scenes that build up to rape, is not the point–when they are raped, they are raped,
and the industry is allowed to RAPE with IMPUNITY AND PROTECTION UNDER THE LAW, the law that twists what is the principle of Freedom of Speech to do just that,
rape and kill. The argument of porn does harm, the reason it has little power to Change the porn industry or the Demand for Porn, more the Demand, is that there are a lot of things people can consume/watch that can do harm, horror movies, violent games, etc.,
but now where it goes into something far more than just doing desensitization of violence/causing harm is when men can pay to willingly sit there and take part in their minds of an actual rape occurring…
it would be like, me PAYING a TERRORIST to kill a Citizen, for viewing pleasure–fact is, a citizen was killed by a terrorist, I assisted in that by paying them, etc., doesn’t matter if its after the fact, there are Laws against this–
there are Laws against purchasing child porn, etc.,
there Needs to be Laws against purchasing Rape.
Again, it wouldn’t solve the entire issue around porn, but it sure would be a start–just the language in itself, would direct the issue to where it belongs, not free speech, but participation in the Crime of Rape,
which is, a Felony. [if not it needs to be]
Comment by Tasha May 17, 2008 @ 10:21 pm
In addition, lets say, we confront a porn supporter with, “so you participated in rape” and they say, well its just acting, etc.,
it wouldn’t matter because there is no way for the viewer/Participant to PROVE the scene was just acting [where the labels would come in and not many that I know of, one would think, would be Willing Participants in their own Rape/Gang Rape, etc]. So like, it wouldn’t matter if the Rape Participant by Sight-Support knew whether it was actual rape or not–
unless there is valid proof, then they are still guilty of participating in an actual Rape of a person. I strongly think no viewer of porn/violent porn should be able to ‘hide’ under that whole free speech rhetoric because simply put,
they are willing participants in rape and should be addressed as such–as rapists because thats what they are. If they don’t ask for proof that the scene is merely acted out WITHOUT COERCION then yes, they are rapists, not just people enjoying free expression…
Just the mere fact that the porn industry does NOT want to disclose a label with a legal signed permission from the so called ‘actresses/actors’ tells me right there, that yes, they are filming actual rapes and gang rapes [we know for a fact that they are, and that porn is also hugely made from trafficked women and children, actual kidnapping/gang rapes, sold via black market, I'd even go as far to say not so black market with the help of big corporate and even government help...and of course we know child porn operates in this way].
NO more should the RAPISTS AND CHILD RAPISTS though they may not be physically raping as far as using their body to rape, they are however, using their Sight, which is physical, to commit rape, and their Money–another physical act to rape. [know this could be worded better]
I really think, the anti-porn lawyers out there really need to do some comparisons between Felony Murder and Felony Rape–why there isn’t those charges and what can be done to make it law where Felony Rape is punishable by Law…
while yes, the porn industry would bring up the spatial differences–I would think, that paying Money to view actual rapes/gang rapes, spatial differences wouldn’t matter,
it wouldn’t matter if I sent money to a terrorist overseas who lets say, was killing citizens and then filming them, I’d still be punished [and rightly so] for supporting terrorism, [or same way it is with child porn]
the same needs to happen with porn. Now while it Might not do anything about the actors/actresses who Do act those scenes out, willingly, it Would do a lot, to clamp down on the trafficking/porn industry and the violent porn where the Victims were just that, Victims of Violence,
not only that–but once we were to take Porn out of the whole Free Speech/Art expression arena and put it into the Possible Crime arena–participating in CRIME of RAPE,
attitudes would I think, start to change because then its not about sexual fantasies anymore, but about people being ‘physical via paying money and visual’ participants of a Crime Industry/Crime of Rape/Gang Rape/Torture, etc. The Stigma of such,
wouldn’t be so easy to just dismiss as,
free speech.
[and I hope, really hope there is an anti-porn lawyer reading this right now...but even if not, just changing the Language in fighting violence towards women in porn, getting it out of the Twisted logic of free expression and putting it where it Needs to be--would in itself, be very Powerful].
Comment by Tasha May 17, 2008 @ 10:41
Warning: Viewing this you are hereby, committing Felony Rape, which is a Crime.
I’ve been thinking on this issue of the Free Expression/Speech argument that pro-porn advocates use and I think somewhere in that whole debate the root of the matter gets lost. A man goes out and purchases a video or magazine that portrays a woman being Raped which is a CRIME. He is then a participant in that Crime, the Spatial differences do not matter, because his intent is to participate in the crime of Rape. If I, see a friend murder someone, across the street and I have knowledge of this and I do not call the police, I can be charged with Felony Murder which in some states holds more penalty that Murder in the First Degree does [juveniles included].
If a man purchases a film online that is depicting a woman being raped then he is a Felony Rapist.
It is NOT about free expression or free speech, and we need to move away from that argument because that is what I think, puts this idea in people’s mind that rape is sex. It is not, it is a Crime, and if we are ever going to see an end to this crime and the freedom of men to participate in the crime with total impunity then we need to start addressing it as such.
The come back will be surely, that we view violence every day on the media, etc., and would we all be Felony “”, my answer to that would be no, because while violence is viewed daily, there is a difference between violence after the fact, and Purchasing violence, sexual violence, after the fact, in other words, if my friend murders someone across the street, and then if I go over there and watch the dead person and laugh and so forth, it is Still Felony Murder, even more so…
because I did nothing to stop it, etc. Not only do the porn watchers do nothing to stop it, they PAY money, to be willing participants in Rape.
In addition,
some of this, of course is repeated a couple of times, but another asked me, or suggested,
the issue with having to have ‘proof’ would be difficult in that women/children could be coerced to ’sign’ a permission,
and on that, I address that here…
You are correct and that Would be one of the pitfalls, and how to address that legally I don’t know, except maybe that the notary/or whoever the witness is, must by law be someone that is 1. not hired by the porn industry, etc., 2. that the notary/or witness has swore to protect the domestic laws as well as international laws, Especially in regards to that area of consent DUE to, now where we have some leverage–the rate of trafficking, and 3. that the signer/actress/actor Would have to show valid I.D. and also, Legit documents proving citizenship,
now, this too would be to prevent trafficked women/children, runaways, etc., again there could be pitfalls but I would think, if its properly done right, could do a lot to curtail the porn-rape industry.
Now, how to enforce this, nation to nation, thats a whole other ball game because even international law can’t be enforced, BUT now domestically, it can, and I think thats where like, lets say if we could Get some good feminist lawyers as well as international human rights lawyers working on this, there is So much potential in nipping so much of the rape and porn made from actual rape.
Once those laws were into place [and due to international 'relations', there could be much social pressure there], Then it would fall into criminal code if lets say, the porn industry OR individual, had possession of such, etc etc etc
and I think for this to work, we would not only need feminist lawyers, criminal [working against] prosecutors but also human right lawyers, especially in regards to trafficking. I think I will submit [I did make copies] of this idea to a Congresswoman that I now that Does work, in legislation on matters of trafficking, etc.,
but it would be better to have someone with knowledge of the law to draft it up, in the meantime, I have been working on research probing into the philosophy of the potential of such law, and I will add to that, eventually research into cases around felony murder and felony rape,
I know the law is really backwards when it comes to felony rape [not even sure if there is such a thing], based on the case of the gang rape of the woman in the bar in Rhode Island I believe [there was movie made about her/the rape, etc],
I know the men who stood and cheered, I don’t believe they were able to prosecute them, for lack of evidence, but don’t quote me on that, its been years since I read the case,
I’d have to set some time aside and do some research. I Do know however, in the years I researched fraternity/athletic function rapes/gang rapes [which, believe it or not, men too have been raped this way and one of the strongest voices against fraternity rapes is yes, a man, who was brutally gang raped during a hazing ritual],
anyway, the problems in prosecution there, one is the secrecy, two, is the issue of consent [the I was told she consented excuse], which sadly, has left many rapists able to walk off, free.
IF, and this is tragic, If it was, lets say only a matter of women in the country where one resides, getting laws like this would probably be near to impossible,
but with the laws more and more against trafficking, because it is a huge problem and becoming more so, there is now, at least, some political pressure, to Do something, about that end of things.
Its pathetic really that it takes those extremes for change, but I say, if you see a door, a possibility,
then by golly jump on it, know what I’m saying, because I think, when we get tangled up in the same debates, we miss those opportunities, those areas where there Could be some very powerful strategy.
Thats why, the pro-porn/pro-prostitution men and women, always want to keep the issue focused on freedom of speech and expression and sexual freedom, etc.,
takes away that focus on the other crimes that are linked to. I always say, learn from warfare, and attack their weaknesses, find them and exploit them [from strategic point of view],
but what Will be difficult, and I think very frustrating, when going at the porn industry in this way, is seeing, just how deeply embedded, not only sexism is, but geo-political racism, worldwide corruption and I think, that part, would be extremely hard–because lets not kid ourselves, its out there,
but for Free countries, meaning countries that claim Human Rights and the Rights of people, they I think, because of PR, would not want, to be exposed as nations that have continued to perpetuate on one hand, the slave industry [thats what porn is], and on the other hang, assert their fundamental goal of changing the world for a better and more democratic place, etc etc etc.
Either they are For human rights, or they are not. And it might not change much legally, but using this strategy, would do a lot I would think, to at least, stir some serious social and political consciousness on these issues.
the reason the pro-porn folks like to divert attention away from the violence, is because, if you peel the layers away from their b.s. what they really are saying, is that they don’t think there is anything wrong with Rape,
or even if it is, the targets of Rape, to them, aren’t worthy of humanity, etc., they don’t Want to come out and say that, because that would possibly cause an uproar, doubt it but, maybe,
so its easier for them to hide behind this guise, but rapist they are, misogynists and savages [thats my new adopted term word, lol], seriously though, they are savages, sadist savages. And sure, they will laugh and scoff, savages do just that,
but for those men and some women out there that feel they can be both civilized and savages at the same time, I think, its time, to just knock them off that fence,
and force them to face, what they truly are, if they perpetuate an industry that is yes, savagery.
For those who assert they believe in freedom and democracy, [the free speech advocates], then, let them answer to, if they support the freedom of savages, to undermine the other freedoms,
they’ve for too long, had the wall to hide behind, that curtain, where their banality of evil has gone on with impunity, I say, time to rip that curtain into shreds and expose them for what they are. Not only that, don’t give them any place, to avoid the issues meaning, no more, having that curtain of free expression, to hide their deeds behind…
———————————————————–
I ended my posting there, and again, this is informal relaying of a more serious rough draft/proposal [on international scale] to address the violent porn made off of ethnic confict/cleansing, trafficking [esp] and in war,
as well as violent porn made from the filming of gang rapes [fraternities--which btw, was what started this whole thesis, that I had planned on continuing throughout my college education, etc., -- circumstances happened of course and I put it aside but off and on I would pick it up again and start working on it],
anyway, just over the years I’ve added to it, taken some things away that were irrelevant or already addressed, etc., adding new research [international esp, from women's human right organizations to organizations/NGOs working to combat trafficking],
and so forth.
Where this is ALL relevant to Child Porn, is that a huge percentage of Child Porn is made, as you know, by Child Porn Rings which are, hugely black market and using children who have been sold [debt bondage], trafficked, run a ways, migrants, etc.,
as well as women used in violent porn, etc. The thesis or proposal, addresses legal avenues that can be taken in every country but the US especially in confronting and punishing those who purchase violent porn that is more than likely to be actual rapes, gang rapes, child rape and more than likely to be the crimes, human right crimes committed via trafficking and therefore, violating international human rights laws,
however, realizing human right international laws are not enforceable [excluding war crimes], we can enforce laws in our own domestic nations…
and because we have anti-terrorism laws, I feel we should have laws applying to the porn industry that relies on terrorism, human rights violations, war crimes especially, and to individuals who violate such rights,
that would hold the crime accountable to the full extent of the law, thereby, upholding our Constitution and Principles on Human Rights and Individual Rights,
as well as upholding our Human Rights and Principles standards/international relations with other countries, etc.
Unfortunately right now I have tons of notes and little drafts here and there [informal, notes, etc] that I haven’t incorporated into the formal text [where I actually, yes use proper grammar and spelling, LOL, and research style],
that and I need to do some updated Legal Research on the current laws addressing these issues as some have changed…not only that,
for about five years, working on this, it got to me, after a while–its extremely depressing and triggers Huge time, so I took some time off from it, even considered just leaving it…
but, every Time I see any thing on Porn here Heart–it always comes back,
Especially in relation to trafficking…but the thesis needs A LOT of work…
Peace,
Tasha
[...] similar to the case of child porn, where child porn is illegal even if it is created using virtual, not real, images of children. [...]
Briefly looked over your blog, you bring up some good points, in reference to the solution not being legal but social,
but I’d like to extend the debate a bit, if I may, as to why its not simply a ’social’ problem, i.e., porn/child porn, but is in fact, a Legal problem as well as International Legal problem,
and it lies in where its stated,
…similar to the case of child porn, where child porn is illegal even IF it is created using virtual, not real, images of children…
and I think the Key word here is Virtual…but,
what IS virtual exactly? [its in the definition that I believe gives ample cause to question of whether its real or not and why it should be, yes, included in the illegality of,
virtual, Websters New World Dictionary,
meaning, two meanings here that I feel are important, 1. being so IN EFFECT OR ESSENCE, although not in actual fact or name; as, he is a virtual stranger, although we've met...
and 2. [rare or archaic] EFFECTIVE BECAUSE OF CERTAIN INHERENT VIRTUES OR POWERS…
I’ll come back to that in bit,
now, another definition of Virtual,
American College Dictionary, and I think the defining here has a bit more explaination (sic) as to WHY Virtual is in fact, not as ’safe as the porn industry would like to project’ in regards to the influence on harm/children,
1. being SUCH IN POWER, FORCE, OR EFFECT, although not actually or expressly such: the regent is a virtual king
2.Optics–denoting an image formed by apparent….as the image in a mirror, or Denoting a focus of a corresponding nature,
and most important 3. RARE, HAVING VIRTUE OR INHERENT POWER TO…
PRODUCE EFFECTS,
as we can see, several time the word in relation is EFFECT,
which, without going into lengthy detail of dictionary meaning, just pulling one definition, Effect–POWER TO PRODUCE RESULTS,
so then, What is the Purpose of Virtual Child Porn?
If, Virtual Child Porn, though not real, has the POWER to produce RESULTS,
what then, are the Results in question? Power to effect What?
and in regards to the harm done to children, I believe the issue becomes quite clear, that Virtual Porn produces the Power to Effect Harm on Children,
therefore, Yes, its a legal issue, not simply a free expression issue, nor an issue of art only, or even of imagery only…
the Whole intent behind Virtual Porn is to have means, access to children, under this twisted legal protection that if the image is not real, therefore it isn’t harmful, not really [the argument for excluding virtual child porn],
but regardless, the Intent, is to have that optic ability to have access to children, real or not. If we allow access to children even if not real,
then why forbid access to children even if they ARE real?
It might be a legitimate argument if was simply a matter of an image, but Virtual goes beyond just an image, it is a POWER such in Force or Effect, to produce RESULTS,
Results translating ability to interact via virtual reality to commit the crime of child abuse/child rape. Not merely seeing images, but the physical interaction via Virtual Reality…why its called, virtual reality.
It might be via optic screen, but the Effect is, indeed, to interact with the image, not simply just see it…
and I think its here that the whole legality of Virtual Reality, especially in regards to child porn, porn, and rape, even violence, is yes, not an easy black and white argument when it comes to the issue of free speech, but taking this further,
my question Then would be, What does it take, to produce that virtual image in the first place? And I believe its in that answer that we often find, that not all Virtual is truly virtual via the cyber world, not when you consider, for example,
taking pictures of children, putting their faces on pictures of other bodies in porn/scenes of rape, etc., while it may not be ‘real’, its still using the physical image of a Real child. Not only that, but how do we KNOW the images aren’t real, sure, maybe like in cartoon graphics, but when we get into virtual photographic computer imagery, I’m not so sure we are always getting virtual on the grounds that its all false optic images.
More importantly, if we have allowances for ‘created fake images of child rape’ for Virtual use, I think then, that opens the door to allowing real images of child rape…and that lies the danger,
and when we get into the issues of real child porn [meaning, not using created or Distorted images, I would attest that its more the Distorted rather than created], then yes, we are getting into a legality issue of not only illegal child porn,
but illegal child rape [for good reason], illegal violation of the human rights of the child, AND MOST IMPORTANTLY,
THE VIOLATION OF THE SEXUAL AUTONOMY OF THE CHILD, WHICH IS, A DIRECT VIOLATION OF PERSONAL LIBERTY,
the Root problem, is not just the question of if its a legal or social problem, no,
the Root problem, is that we in 2008, still do not have in writing that Children are Individual Human Beings with the Right to Sexual Autonomy and Human Rights–IF children had those rights, they then, would have the right to say NO, and there would be then, legal recourse if those rights were violated, etc.
the root problem is that Children are still considered property to be used at whim by adults…sure, they are protected by adults [generally speaking], but protected only to a point…they rely on adults to guard over them, for obvious reasons,
but UNTIL we have a Bill of Rights for the Child [without resorting to a police nanny state or idiotic wipe out of parental rights to a degree that children are left defenseless to every pervert out there], but until then,
children will continue to be easy prey because the issue will always be bad adult, good adult, etc., and in the issue of child porn, child molestation, etc., the issue will always be around the perpetrator, why it is as easy for the porn industry [especially in trafficking-black market child porn/and pedaphile (sic) porn to exploit children] because the focus is on them, and the legal area of protecting children from them,
but when we draw the issue of THAT VIOLATION OF CONSENT, then the issue goes beyond adults preying on children, then it becomes a Human Right issue in that, not only do they prey on children, they Prey on Individuals who have Individual Rights to Sexual Autonomy and the Legal right to say NO, and have that right Respected, as they wouldn’t be ‘property’ but individuals, with the rights that adults have [or are supposed to have, we alreayd know that women don't have those rights, i.e., refusal of some states to sign CEDAW,
If there were Children's Bill of Rights, the punishment of violation of those Rights I would believe, would be much harsher and would in effect, move the issue of child porn OUT of the whole free speech arena and into the arena it belongs, the Criminal,
meaning, its not free speech--its Human Right Violations of Children.
I am up late and tired as hell, I will re-write this because I have some issue with how this is all worded, especially over how the issue of consent could be twisted to work against children,
but what I'm trying to say, is that for far too long, porn, especially violent porn, has been treated as if its just innocent imagery for the sexual fantasies and what have you, but Porn is so much more than that, its NOT erotica,
the majority of Porn, its Violence, and it relies on Actual and Real violence/rape that is filmed and then sold, so that individuals, mostly men, can physically Participate either in violence/rape or gang rape or torture/rape or, Child rape...it goes Way beyond speech, expression, on the physical level on both sides, the interactive viewer and the ones being physically acted/or violated,
and there is Huge brutal human right violations along with rape/child rape that goes right along side of the whole manufacturing of Porn,
I would even go as far to say that Porn, violent porn especially goes even beyond just mere misogyny in that, one can be misogynist and not rape, or molest a child,
Porn, is the physical realm in which not only is it manufactured and produced by coerced sex/rape, but often brutal rape [more so than I think the coerced acting], and child porn, is not only rape, its a blatant disregard for individual, the child’s, sexual autonomy…
well, for women too, there is a Huge difference in speech, in expression, and the Physical carrying out of something,
and why Porn needs to stopped being talked about as this speech/free expression/art issue, because its not just mere speech or art…
its like, the equivalent of calling the Holocaust, the Gas Chambers, as free expression, if, lets say, they were being filmed and people were buying it to get off on,
then they are a Part of the participation of the Holocaust…
there is a Huge difference between that, and someone speaking about it or expressing their hate towards Jews, using this as just one example…
expressing hate is one thing, Acting on it, is another, and thats just It, Porn is the Acting out of that hate, because there is just Too much evidence that clearly shows, stare decisis, I believe is the term,
that the majority of porn is actual Rapes/Violence…not mere acting, not mere drawing, not mere speech…
its actual physical rape, and those who partake in that, by paying money and physically getting off to it, are Participants in the crime of RAPE/CHILD RAPE, VIOLATIONS OF HUMAN RIGHTS,
THEY AREN’T EXPRESSING FREE SPEECH,
THEY ARE RAPING….spatial distance doesn’t matter…
we are talking an Industry here that makes millions off of Rape/Child Rape/Torture and Violence that is highly based off of kidnapped, coerced, gang raped into, beaten, starved, women and children, trafficked, etc.,
and brutally raped, tortured, maimed, even killed [snuff films], blatant human right violations…
and why yes, while it is a social problem, its far more than that…its a Legal problem, a Human Rights Violation Problem, both domestically and internationally.
Until we start addressing it as such, we will continue to have human right violations with total impunity, because we allow it,
under virtual or real,
behind the LIE of freedom of speech argument.
I’m dead tired right now, will come back to this and edit this, but I think, the gist of what I’m trying to say here, many will understand.
Tasha
1.
I wrote the above like about 3 in morning, after completing work and then I woke up thinking about it this morning,
and here’s what is just so really screwed up about the whole entire Porn and Anti Porn argument and the
‘curtain-excuse of free speech’….
simply put, Human Right Violations.
And thats the gist of it, we have a Human Right Violation ‘BELIEF’ problem in this society and world,
not just in regards to women either, and pretty much, Those who SUPPORT PORN,
SUPPORT THE VIOLATION OF HUMAN RIGHTS.
So for Them to turn and pronounce their avid belief in Freedom, in Freedom of Speech [which was, mind you in reference to Government forbidding speech against, etc and the church, so forth],
is so Contrary to that very principle, because
WOMEN AND CHILDREN WHO ARE RAPED, TRAFFICKED,DEMEANED, DEHUMANIZED, FOR PORN OR OTHERWISE,
DO NOT HAVE THE FREEDOM OF SPEECH BECAUSE THEY DON’T HAVE ANY FREEDOM AT ALL,
THEY ARE SLAVES.
Sex slaves to an Industry that is sheer Industrialized Institutionalized SEX SLAVERY,
for the benefit/enjoyment of the Slave OWNERS,
now, one would say, but I’m not a slave owner, etc., but in essence when you contribute and support porn, you ARE, because the Industry is linked in more ways than one, financially especially, to the entire market of coerced/forced prostitution, trafficking, rape used in war, etc., where the victims have been robbed of their freedom for speech, freedom of movement, freedom of autonomy, those alienable Rights of Human Beings,
are violated, time and time and time again.
And, the Banality of Evil, is here we sit, today in modern so called ‘civilized’ society, and continue to PROVE or PERSUADE that Evil is actually Evil,
I mean its just ridiculous. Its like, trying to persuade that murder is murder,
and that its wrong.
The problem is, in our world today, Wrong isn’t Wrong anymore, Right isn’t Right, Human Rights, for thousands who in their mind or way of thinking, they don’t apply because they simply don’t Believe that some or all humans are entitled to those rights, Women and Children especially,
the PORN industry and those who support it, Dehumanize women and children, the way Hitler [and Antisemitism today] dehumanize Jews…or the way African Americans were dehumanized during slavery,
not human, no problem, no human rights applicable.
And THAT IS THE PROBLEM, its social, legal, and moral…
and its why we still have not ratified CEDAW, and other Human Right Legislation because too many, simply don’t believe that Humans, Women especially, are entitled to even the Minimal of Human Rights.
What we have in our world and society today, is not just a Porn problem,
is a Human Right problem. Our Constitution was written and in place when Human Rights ONLY applied to WHITE MALE PROPERTY OWNERS, so even going by our Constitution,
is null and void. Its useless, all it does is Protect White Male Property owners, during the writing of the Constitution we had the most Horrific long term Human Right violations,
two in fact,
the genocide against Native American Indians
and the slavery of African Americans [and Chinese, we often forget to include the Chinese, women included who were brought over here to be slaves--building railroads, mines, working in brothels--do some research on the Slavery of Asian women, way back in early America],
and while Slavery of African Americans was after years of struggle and war [and even after that, it wasn't over, Jim Crow laws, etc] was ended,
it didn’t Go far enough….SLAVERY IS STILL LEGAL IN THE GOOD OLE US OF A,
CLASS SLAVERY [SETTING UP AND DELIBERATE CREATION AND PERPETUATING A SLAVE CLASS-UNDERCLASS],
RACIAL SLAVERY BY ALLOWING AND PROTECTING FORCES, BUSINESSES, CORPORATIONS AND GOVERNMENT AGENCIES TO ALLOW/PERPETUATE SWEATSHOPS, WHERE YES, SOME WOMEN AND CHILDREN HAVE LITERALLY BEEN CHAINED BY THEIR WORK STATIONS–IF THAT ISN’T SLAVERY, WHAT THE HELL IS,
AND LAST BUT NOT LEAST, THE INDUSTRIALIZED SEX SLAVERY,
PORN INDUSTRY,
the LIE is that Porn is nothing but Erotica, Wrong, and that the actors are mere actors, Wrong…
its an Industry of slavery, that feeds off of slavery and makes billions off of slavery, sex slavery but slavery nethertheless…
for Any woman, man to condone or support or participate in that industry Willingly [not speaking here of the victims forced/coerced and trapped into porn/sex slavery] but of the ones who Benefit from,
so basically, we have in this country [and worldwide--I'll get into this here in bit], but in this country,
we still have this belief that Slavery is acceptable, and THAT IS THE PROBLEM, the ROOT PROBLEM,
and it goes All the way back to the days of Greece/Rome, lets not forget [and some of those Goddess beliefs are also tied into that whole culture, we really Need to do some introspection there as well], but lets not forget,
our ENTIRE LEGAL SYSTEM, IS BASED UPON THE GREEK AND ROMAN PHILOSOPHY OF YOU GUESSED IT,
SLAVERY.
The Noble verses the Savage, etc., who is Worthy to rule…that whole elitism, which is the perpetuating of yes, Slavery, so I would most Definately say,
WE HAVE ALSO A LEGAL PROBLEM…not just a Social one. Our entire Society is Modeled after the Hierarchy of the Noble Lord–over the Savage…
and UNTIL we get RID of that, we will NEVER even get close to even the surface of conscious change. IT DOES go way beyond just misogyny…thats a big part of it, but its much, much deeper than that,
NOW, before those ‘other’ countries that loudly claim their self-rightousness of their anti-porn tolerance, while they might not allow visual porn/they Still have slavery of women, children and minority groups or those who ‘are different’ so, they are just as much guilty of Human Right Violations and the support of slavery, sex slavery, as the west is in their decadence…
I will not, give applause to those nations, who though might be in Appearance [only] against porn, the FACT that they tolerate and sanction all kinds of sexual abuse, enslavement of women, children and of those who differ or ‘choose different beliefs’,
they are NO BETTER…in fact, they commit the same Human Right Crimes, Sexual Slavery, just in other forms…but its the same damn thing…they can cover it up with all their white and/or black sheets but,
it DOESN’T COVER, THE BLOOD OF MILLIONS ON THEIR HANDS, nor does it Muffle the CRIES OF MILLIONS THAT SUFFER UNDER THEIR BRUTAL SYSTEMS AND BELIEFS.
Their claim to purity is a flat out lie…and I won’t, bow to them in respect, nor refer to them, as role models, their Hypocrisy–their EVIL and Banality of Evil tolerance and sanctioned–
is even more disgusting. And they should be exposed for the liars that they are, because they are Human Right violators and Slave OWNERS as well…Wolves in Sheep’s Clothing…
all in all, they are JUST as DECADENT as the West,
if not MORE so, and more Barbaric.
What we have, is a Human Right Problem, Women’s Human Rights and Children’s Human Rights…
and until That changes, Globally and Everywhere, and until we stamp out and totally get rid of the Justifications for human right violations, be they Religious, or Legal, or Racial, whatever,
nothing will change, what will happen, is eventually, the destruction of the human race and the planet.
And I’ll go as far to say, after years of reflection on this,
what we have, at the very root, is a Spiritual problem and I am beginning to think,
man made solutions are not going to work….
To clarify,
just so its not distorted and used by theocrats,
my emphasis on Spiritual problem in no way is promoting or justifying a Religious Solution…because all the three main Religions have justifications in texts for Slavery,
why Secular government [based on ethics] is needed…not theocracy. And if Slavery is justified,
human right violations are justified…[though to be fair, there are Some religions that do allow for change/progress in interpretation of, and some that Don't--there lies the danger, the ones that Don't allow for change] but anyway,
there is need for Spiritual reflection, that is open and based and allowing of Reason,
balance, taking the good, dumping the bad…or putting it into historical dialectal perspective, etc.
I also want to include in that man made solutions not working, meaning that political and some philosophies that are based on ‘male values’ won’t work either, one of the most horrid of human right regimes was based,
not on Spiritual values, but on Materialist values–those need to be challenged as well.
thought I’d clarify that…
Tasha, I love your lengthy, highly inventive posts!
I’m glad a few women can write an essay now and then, because sound bites are a bit too common, even in feminism.
I believe a good approach to porn is about the human rights of women and children. But I tend to think of porn as a male problem. Men are the big producers of porn worldwide, they love it, and they consume it by the billions of dollars a barrel!
Whether it is straight men sexually enslaving women and children in their “erotica” or gay men making films and having the actors perform unsafe sex acts, it is about men and their perverted sexuality to begin with. Not in the sense that a gay man is perverted, but in the sense that all these men just live on this garbage, and they do it largely sneakily away from a lot of women.
Most women out there I think are unaware of just how foul mouthed, and pornographically controlled men really are.
Now when do you ever hear men getting screaming mad about the violation of women and children’s free speech, which is what porn destroys every day? Well they don’t. Men feel they have a perfect right to degrade the bodies of human beings everywhere — gay male porn with unsafe sex acts, straight male porn with women mutilated and objectified and child porn for the men who destroy the souls of children. Then we have war, which men also love, and it is a male war machine that pretty much ruins whole countries or cities and then these male war machine killers come home, and we’re supposed to wave flags and throw flowers at their feet.
War destroys women and children. Sex and violence are the twin towers of evil that men revel in and continue to support.
Whether it is a capitalist country like the U.S. or an Islamic state like Saudi Arabia, there is a whole underground economy of women captured as sex slaves. Technology has seemed to fuel the accessibility of porn worldwide, but it was always a problem. The Marquis de Sade is taught as “great literature” in colleges, and post-modern queer theorists just lap this stuff up!
So how do we end it? Well, women do have to band together and gain power in numbers. Straight women need to make it clear that they will not perform any awful sex acts with men, and that they will have nothing to do with men who support porn — either in a verbal argument or by having porn in their homes. It has to be women who simply stop marrying, taking care of and dating any men who do this sort of thing. That’s only the beginning.
What would a true women’s free speech look like? Well, worldwide, we have no countries that women can go to free of men. We have no women controlled nations, and we keep voting for men in public offices.
Lots of women just laugh off porn or even actively support it. They actively support a lot of this nonsense, and I think a lot of this has to do with their own childhood sexual abuse. I have long believed that the most virulent “christian” homphobes have been men who were raped by other men in childhood. Since the child rape of men is such a taboo topic, and we don’t have male rape survivor centers nationwide, men live with their shame buried. The catholic child rape scandals nationwide opened the door to this knowledge of just how male children fare in patriarchal spaces.
A little digression here.
Heart created a space where male porn and potty mouths have been banned, so that women have the chance to have real free speech. Free speech for women consists of the space to talk without constant male domination and interruption. Just watch women on male controlled political shows, and you’ll see this censorship of female speech in action.
I think a lot of time women don’t even know how often they are being interrupted by men in daily life, and how little space they have to form subversive and women positive ideas.
That’s the big challenge.