Ethics And Pornography
Essay by 24 • December 4, 2010 • 620 Words (3 Pages) • 1,535 Views
IS PRONOGRAPHY WITHIN OUR CONSITUTIONAL RIGHT?
When we think of pornography we usually think of videos that are explicit and graphic in a sexual nature and magazines such as Hustler and Playboy. It also can be found in paintings, sculptures, photos, drawings and the Internet. It can even be performed in a live venue, in front of a live audience. Pornography is a very controversial topic and there are many other factors that contribute to this.
The First Amendment prohibits laws being made that establish a state religion; prohibit free exercise of religion; infringer the freedom of speech or press; limit the right to assemble in a peaceful manner and limit the right to petition the government for a redress of grievances. Under the First Amendment, pornography has little regulation and obscene speech has no protection under the amendment.
What is the exact definition of pornography? Wikipedia defines it as the representation of the human body or sexual activity with the goal of sexual arousal. Pornography is often the depiction of sexual acts with little or not artistic value. The practice of pornography is merely erotica that is perceived as obscene. However, we each have our own definition of obscene. That is why it leaves the door wide open for people who are opposed to pornography to interpret it for legal actions.
The pornography producer Larry Flynt and writer Salman Rushdie have argued that it is vital and as a free and civilized society we should accept pornography. However, opposition to pornography has become very strong in society. Religion and feminism groups believe that there is an existence of pornography addiction.
A religious objection limits sexual intercourse to the express function of procreation. It is considered immoral and contributes to the immoral behavior in society. Feminist consider it demeaning to women.
To test if speech or expression can be labeled as obscene uses the Miller test. This test was created in 1973 in a case of Miller vs. California. Miller tests looks at whether work is obscene if it would be found appealing to the prurient interest by the average person. It depicts sexual conduct in an offensive way and has no serious literary or artistic value. It uses community
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