Wednesday, November 21, 2007

The Rising Tide of "Leftist" Sex Hate: Bob Jensen's "Getting Off"

Those who have read this space know fully well my opinion about Robert Jensen and his antipornography activism, as well as his repeated attempts to slander and convict men of merely having sexual feelings and desires that he considers too “masculinic” and “antifeminist” (meaning the antipornradicalfeminism of the likes of Dworkin, MacKinnon, and Sam Berg).

What really galls me, however, is that far too many self-styled progressives and leftists, so unconscious of their own sex ignorance and loathing about sexuality, are so willing to fall for his sophistic analysis and deep guilt-tripping disguised as “feminism”.

Case in point: Jensen’s latest tome on the evil threat of porn as the tool of “masculinity”, titled Getting Off: Pornography and the End of Masculinity, recently recieved a major endorsement from the executive editor of the progressive news service Alternet.org, Don Hazen; who explained in an introduction to a posting of an excerpt from Jensen’s book how he was converted from a traditional liberal libertarian point of view to Bob’s APRF vision:

Part of my thin king on pornography has been shaped by seeing what is on the
Internet myself, and part, by reading Robert Jensen’s powerful and provocative
book, excerpted below: Getting Off: Pornography and the End of Masculinity.
Jensen has convinced me that something as powerful as the porn industry and its
sexual extremism must not be kept under the rug due to liberal
shoulder-shrugging about the First Amendment. The porn industry should not enjoy
our collective denial in terms of its real-world impact on women — and men —
simply because we might be berated by first amendment purists or be
uncomfortable grappling with complex issues of sexual expression.


Never mind the fact that the actual “real world impact” of explicit sexual expression might be a bit more diverse and much less “extreme” than what Hazen sees through Jensen’s rose-colored spectacles…or that there would be no mention of “First Amendment extremism” or fears of “First Amendment purism” when the subject turns to things like opposing federal snooping and wiretapping of innocent citizens, or opposition to the war in Iraq, or organizing unions or even gender discrimination…..nope, in the mind of Hazen and the others who run Alternet, Jensen and the APRF (aka, the “feminist”) point of view is the only logical and true vision.

And what a narrow and tunnelled vision that Hazen and Jensen support, too. To buttress his notion of how far low porn has become, Hazen whips out the old tired and true “gonzo” card, as if this is the only form of sexual expression that exists these days:

One phenomenon in porn is the ascension of Gonzo films. There are two
styles of films — one are features that mimic, however badly, the Hollywood
model of plot and characters. But the other, Gonzo, has no pretensions, and is
simply the filming of sex acts, which, Jensen writes, while also occurring in
features, are “performed in rougher fashion, often with more than one man
involved, and more explicitly degrading language which marks women as sluts,
whores, cunts, nasty bitches and so on.”

The Gonzo films, which have come to dominate the industry, also
emphasize the newer trend of sexual acts, which include: double penetration —
anal and vaginal — and ass to mouth, or ATM, where anal sex is followed by stic
king the penis in the women’s mouth. In addition, many of these films include
men, often in multiple numbers, ejaculating into the faces and mouths of the
women performers. The women usually swallow the semen, but also can share it
mouth-to-mouth with a female partner. For Jensen, the most plausible explanation
of the popularity of these acts is that women in the world, outside of
pornography, don’t engage in these acts unless forced. “Men know that — and they
find it sexually arousing to watch them in part because of that
knowledge.”

As Jerome Tanner, porn film maker explains, “One of the things about
today’s porn and the extreme market, the gonzo market, is so many fans want to
see much more extreme stuff that I’m always trying to figure out ways to do
something different. But it seems that everybody wants to see a girl doing a
double penetration or a gang bang. … It’s definitely brought porn somewhere, but
I don’t know where it is headed from there.”

Mitchell Spinelli, interviewed while filming Give me Gape, adds:
“People want more. They want to know how many dicks you can shove up an ass.
It’s like “Fear Factor meets ‘Jackass.’” Make it more hard, make it more nasty,
make it more relentless.”


Now, aside from the total fallacy of quoting porn producers and insiders as the literal Gospel in saying what men who buy these videos (or who simply download them, legally or not, for free) really want from them; there is the total and complete ignorance of what exactly “gonzo” really is. Actually, the term simply describes sex videos that feature sex unemburdened by plot; nothing about the particular acts involved. A film featuring a single couple engaged in conventional sex without plot would be considered “gonzo; as much as a video of an mulit-person orgy featuring traditional fucking and sucking.

Now…there certainly in within the genre of “gonzo” the more extreme and exotic subgenre which does include some of the acts that so inflame (arouse???) Jensen and Hazen; including double anals, double vaginals, bukkake, creampies, facials, and AtM. It is certainly open to debate whether women performers are being ”coerced” into performing them, or whether these particular acts are being promoted as things women should do in private (forgetting, of course, the possibility that some women might even — horrors — LIKE such acts done to them in private). But to conclude from that that fans of such acts are merely expressing their total hatred for the women performers — nay, heaven forbid, ALL women — merely by watching and getting off on viewing such acts is simply bizarre. The “extreme” market is just that; one market in a field of many in sexual media; and hardly representative of the majority of the hardcore sex genre. The overwhelming majority of sex videos are those featuring either (1) single women stripping and masturbating, usually with sex toys; (2) women having sex with one or two other women (i.e., “girl/girl” or “Hot Lesbian Action”, never mind if they are really lesbian or bi, or merely curious); or (3) a single woman having sex with her significant other (boyfriend, husband) or a male friend that she already knows and respects enough.

Of course, since Jensen has already clearly stated that he considers even the more conventional images of women in porn to be innately “misogynistic” because even the softer images degrade and dehumanize women by reducing them to “sex objects” and “fucktoys”, I guess that any discussion of the heavier and kinkier brands of “gonzo” are basically totally moot…or simply agitprop to convert the more gullible liberals and “leftists” to his agenda.

And, of course, it wouldn’t be a Robert Jensen essay without the obligatory detailed description of a “typical” gonzo scene, as well as him (and by proxy, Hazen) imposing his (their) ideology on the performers, whatever they may actually think. Quoting again from Hazen’s intro:

Jensen clearly decided in writing his book that the often overwhelming
reality of the behavior and values of the porn industry must be experienced by
the reader, at least in written form, to understand what the issues are. Thus,
in the book, he describes porn scenes, quotes dialogue in the porn films, and
includes interviews with porn actors to help capture what they are thin king.
Some of this is a little hard to take. Here is one example:

Jessica Darlin tells the camera she has performed in 200 films and she is
submissive. “I like guys to just take over and fuck me and have a good time with
me. I’m just here for pleasure.” The man who enters the room grabs her hair and
tells her to beg the other man. She crawls over on her hands and knees, and he
spanks her hard. When he grabs her by the throat, she seems surprised. During
oral sex, he says, ‘Choke on that dick.” She gags. He grabs her head and slaps
her face then forces his penis in her mouth quickly. She gags again.The other
man duplicates the action, calling her a “little bitch,” Jessica is drooling and
gagging; she looks as if she might pass out. The men slap her breasts, then grab
her by the hair and pull her up. Later in the scene, “One man enters her anally
from the rear as she is pushed up against the couch, The other man enters her
anally while his partner puts his foot on her head. Finally one grabs her hair
and asks here what she wants. ‘I want your cum in my mouth,’ she says. ‘Give me
all that cum. I want to taste it.’ “

Jensen writes, “In researching the porn industry, one of the most difficult
parts is writing about the women who perform. Men see women in porn films as
objects of desire (to be fucked) or ridicule (to be made fun of.) When porn
performers speak in public they typically repeat a script that emphasizes that
they have freely chosen this career because of their their love of sex and lack
of inhibition.” Nina Hartley is one former porn star who frames her experience
in the porn industry as empowering — a feminist act of a woman ta king control
of her own life. But Jensen notes that while “we should listen to and respect
those voices, we also know from the testimony of women who leave the sex
industry that often they are desperate and unhappy in prostitution and
pornography but feel the need to validate it as their choice to avoid thinking
of themselves as victims.”


The fact that Jessica Darlin is actually an actresses enacting a scene in a movie, which involves a particular theme, and openly states that she has no problem whatsoever doing such scenes (of course, she must either be lying or under the spell of that evil male choking and spitting on her!!); seems to be lost on both Jensen and Hazen; certainly they would not think that when Michael Douglas and Glenn Close did that sex scene in the elevator in Fatal Attraction, they were really representing the real feelings of women and men, would they???

And we all know about how Jensen and other APRF’s really feel about Nina and other women who do happen to defend their right to make porn…right, Sam???

Oh….and Nina’s not a “former porn star”, Bob…she is still quite active in making and producing video; and has even enjoyed a sort of renaissance in the subgenre of older mature sex performers (also known as the “MILF” and “Cougar” subgenres). But I’m sure that she can defend herself better than I ever can….if you would ever allow sex-positive criticism of Jensen in your site, that is.

Moving along, we see Hazen practically spill his own seed in tribute to Jensen’s brilliance:

So that you understand, Robert Jensen is a true radical. His positions on
masculinity, race and pornography are way out of the mainstream. He thinks that
concepts of masculinity make men less than human and should be junked. “Men are
assumed to be naturally competitive and aggressive, and being a “real man” is
therefore marked by the struggle for control, conquest and domination. A man
looks at the world, sees what he wants and takes it.”

In writing his book, he turns to one of the most vilified feminists,
Andrea Dworkin, as his guide. One of Dworkin’s books, Intercourse,
enraged many readers. “In it, Dworkin argues that in a male supremacist society,
sex between men and women constitutes a central part of women’s subordination to
men. (This argument was quickly and falsely simplified to “all sex is rape” in
the public arena, adding fire to Dworkin’s already radical persona.)” But Jensen
embraces Dworkin for best understanding pornography and notes that “her love for
men was so evident.”

[…]

Jensen’s book is a serious effort to deconstruct pornography and
connect it to the society in which it grows and, in some ways, dominates. He
addresses in detail the arguments that justify porn and the research that may
connect porn to violence. His narrative, interwoven in the book, is about a
lonely journey to shed the straight jacket of masculinity, and the pain and lack
of acceptance that goes with the territory as he relentlessly pushes his ideas
into the public domain.

In the end, the book grapples with a fundamental question. “If pornography
is increasingly cruel and degrading, why is it increasingly commonplace instead
of more marginalized? In a society that purports to be civilized, wouldn’t we
expect most people to reject sexual material that becomes ever more dismissive
of the humanity of women? How do we explain … increasingly more intense ways to
humiliate women sexually and the rising popularity of the films that present
those activities?” Jensen concludes: “… this paradox can be resolved by
recognizing that one of the assumptions is wrong. Here it is the assumption that
the U.S. society routinely rejects cruelty and degradation. In fact the U.S. is
a nation that has no serious objection to cruelty and degradation.”

Robert Jensen is on a quest. And he has taken a major step forward in
his journey in producing a book that the reader can’t run away from or casually
dismiss. It is filled with facts, data, intelligent observation and analysis, as
well as examples of the raw product of an industry gone gonzo. I know this may
sound like a cliche, but I guarantee that after reading this book, almost no one
will think about pornography in the same way again.


I’ll just let you wander through and behold the magnificance of such bullshit for a while. You wonder then why progressive activism in the US is in such horrible shape???

And then, Hazen turns the floor over to Bob for an excerpt from his book….and it it so typical classic Jensen sex-hate and loathing. And well deserving of another fisking….but that will be anon.

[Crossposted as well to The SmackDog Chronicles]

Tuesday, November 20, 2007

And For An Added Pile-On.....

....I reset an earlier debate involving myself and Nina Hartley to add to the piling on of discussion on Sam Berg and her latest treachery:

The SmackDog Chronicles: Sam Berg: Stalker of Women (Especially Women Who Don't Share Her Sex Fascist Vision)

Ren on Sam Berg

Rather than repost the whole thing- I'll just go with the link.

Friday, November 16, 2007

FOXNews Porn: Right-Wing Hypocrisy Meets Left-Wing Puritanism

There are a great many ways to hate on the FOX News Channel if you happen to be a political progressive like I am.

There's the consistent browbeat of right-wing propaganda thinly cloaked under the brand of "Fair and Balanced News". The revolving door between certain luminaries and commentators of that network and the Bush/Cheney administration-cum-Mafia. Bill O'Reilly. Sean Hannity. Tony Snow. Bill O'Reilly. Bill "Bomb the shit out of Iran and Syria" Kristol. Neal Cavuto. Bill freakin' O'Reilly.

But...for some progressives out there, that alone isn't quite enough....they would like to expose Fixed Noise (to use Keith Olbermann's classic gloss....although for this particular story, Bina Becker's acronym of "FUX Snooze" would be more appropos) for something entirely different.

As a peddler of porn.

What's that, you say??? How can a right-wing media outlet like Faux News be even remotely involved with an industry that most of their base viewers would find beyond the pale???

Easy, says Robert Greenwald, who was the producer of the documentary Outfoxed which was one of the first exposes of FOX News' corrosive impact on the public at large: They use gratituous sexual images and "misogynous and innapropriate" sexual media to attract their audience to their news and information programs.

Greenwald has been a busy man of late pushing his "FOX News peddles indecency while attacking it" meme: he has released film clips over at YouTube (one example of which appears here) depicting how everyone there from BillO to Neal Cavuto to the regular news programs splatter gratituous T&A (and even the occasional blurred XXX image) into their news coverage. He has developed a spoof website (foxnewsporn.com) to promote his efforts; He recently wrote an article for the "progressive" daily Alternet.org promoting his efforts (and claiming that his video clips were "censored" by both YouTube and Digg by not being linkable; kinda not true since I just linked his clip two sentences ago); and he has gotten significant airtime, even to the point of scoring an interview segment on MSNBC's Countdown with Keith Olbermann.

Most of his case consists of replaying clips of where some FOX luminary prattles on about the "sexual decline" and "moral decay" of the country...while images of pretty risque and suggestive sexual activity (or merely sexy images) fill the background screen.

For instance, there is BillO moaning and groaning about the infamous Carl Jr's hamburger ad featuring Paris Hilton doing her Jenna Jameson imitation and nearly mounting her car and having multiple orgasms over their hamburgers....while Paris winds and grinds uninterrupted in the background.

Or, in another BillO segment, another attack on "secular progressive San Francisco (read, "homoSEXual") values", as represented by the annual sex freakery known as the Exotic Erotic Ball....complete with detailed coverage and footage of said acts of freakery from a journalist who was there. (Apparantly, BillO skipped last years Folsom Street Fair, so he wasn't able to report on that particular alleged atrocity of "secular progressive" values.)

Or...there is a "breaking" story about an alledged sexual assault over at the Playboy Mansion in Los Angeles...a perfect excuse for gratituous T&A shots at Hugh Hefner and his stable of bikini beauties frollicking about nearly nekkid.

Or...how about another "breaking story" scaring the viewers about rapists running amok during Spring Break....featuring strippers and thong-clad dancers flashing their naughty bits (pertinent parts electronically covered, of course).

Or even today, on Cavuto's program: a warning about strip clubs "enticing pre-teens"...complete with some pretty saucy pics of said patrons to entice....errrrrr....scare them.

All this, Greenwald asserts, proves how corrosive FOX News is to the body politic; and they must be stopped by any means possible, up to and including media boycotts.

Now, being a prime Fixed Noise hater myself, I normally would be willing to add my support to anything that piles them on. But I just can't hitch myself on this campaign, for the following reasons.

First: This is nothing new with Rupert Murdoch. He is well versed in the art of using skin and sex to bait the trap to get consumers; how else did he make his millions with his tabloids in Great Britain (see the Page 3 Girls) or with his FOX cable network (Married....With Children, anyone???). And as for BillO....well, we'll just leave him to Andrea Mackris' tell all book (which probably won't appear on FOX News anytime soon).

Second and more importantly: Although it is certainly right and proper to spell out the hypocrisy of Fixed Noise playing both sides of the sex media street (remember, Murdoch paid Judith Regan big bucks to sell Jenna Jameson's tell-all biography two years ago, even as he also paid BillO and other assorted columnists to diss her as an ignorant slut), I'm wondering whether Greenwald's real beef is with FOX News or with the sexy images they appropriate...for he doesn't make too clear that he's really not more offended by the behavior of the images than he is by FNC. There are loads of loaded commentary about "indecency" and "gratituous sex" in his documentaries, and there is a not-so-subtle plea for the viewers to "do something" about the images...as if Fixed Noise's more normal political crimes aren't worthy of censure enough.

And thirdly: most of the "pornographic" images that so grieves Greenwald aren't really that porographic or even softcore: they range from refined Girls Gone Wild video excerpts of young girls carvoting, to women lounging in bikinis, to brief titty flashes and thong-clad booty shaking, to women kissing (the Madonna and Britney Spears liplock at the 2002 American Music Awards is featured as one example of FOX "indecency"); to the occasional interview with porn starlets. One wonders from watching this whether Greenwald is really condemning FOX for being right-wing hypocrites...or for showing such evil "misogynistic" and "objectifying" images in the first place. I tend to think more of the later..which would make him only one step removed from antipornfeminist "leftist" fanatic Nikki Craft, who attacks more hardcore porn with pretty much the same theme (though with Larry Flynt as her primary Great Satan rather than Fixed Noise).
The way I see it, why is it that some liberals and "progressives" are so willing to play the Puritan protectionist card as a means of promting themselves and their pet causes?? The notion of attempting to split your enemy amongst genuine Puritan populist and "libertarian" lines may be one attraction (read that to mean getting the real religious Right folk foaming about the "conservative establishment"); perhaps Greenwald really wants to attract authentic social conservatives to progressive causes as well; and sees attacks on establishment outlets like FOX News and their "indecency" as a bridge to such a right-wing populist constituency.

But this is a dangerous game of tit for tat that not only legitimizes and reenforces the most reactionary sexual beliefs as "progressive"; it also mistakes scapegoating of legitimate consensual and harmless sexual imagery and expression with more effective political analysis and organization.

All this campaign proves to me is that conservatives have no monopoly on using sexual fear and loathing as a wedge to import their particular ideology; and that some progressives and liberals need just as much to check themselves and their antisexual myopia. FOX News is bad enough as a politically obtuse, racist, right-wing media organization as it is; there is no need to pile on at the expense of innocent sexual expression.

[Cross-posted over at The SmackDog Chronicles (BTW, memo to Ren and Belle: Update the SmackChron link in this blogroll..please??? OKThanxbye. :-)]

Saturday, November 10, 2007

Right ON

I linked to Dacia’s latest post about “feminist porn” in my del.cio.us links yesterday, but I had such a “yes yes YES that’s IT!” reaction to it that I feel compelled to quote liberally here…

To me, making feminist porn is not about what is actually shown on screen and much more about what is happening on the production end of things. This is very clearly an expression of my years working in the sex industry and working for sex workers’ rights, but like Petra says in the beginning of this paragraph, “our tastes on what we find sexy in the bedroom or on film differ.” We can have a whole argument about the nurture and nature of “taste” - but I don’t think liking or not liking specific acts can make or break a feminist.

I don’t care if porn shows a woman masturbating by herself (like in many of the Abby Winters photo sets and videos), a woman fucking a guy with a strap-on (like in The Bi Apple, a woman enthusiastically sucking cock (like in Erika’s films), or a pregnant woman getting fucked up the ass with a baseball bat (like in Belladonna’s Fucking Girls Again). What I do care about is: does that performer want to be there? Is the director/producer respecting her needs and paying her appropriately? Did she get blindsided by requests for acts she doesn’t want to do?

The answers to those questions determine whether or not the porn is feminist, sex-positive, and ethical for me, not what is happening on screen.

Do you get it now, people? Do you? I still do not know why this is a difficult concept, but clearly it is. And so these things must continue to be said, emphatically.

I might write more about this later. I need to crawl into bed now, though, because I got up at 6:00 a.m. on a Saturday.


[Cross-posted at Being Amber Rhea]

Wednesday, November 7, 2007

The New APRF [Maoist] Meme: Buy Porn, Kill a Muslim

I'm sure that you have heard about how the usual right-wing antiporn groups are now targeting the US Military for apparantly defying Congressional laws against porn being sold at military bases.

It got me to thinking, though....how would the antipornradicalfeminists on the "other" side attempt to spin the issue to their advantage??

Well, I need not wonder any longer.....get a load of this pamphlet which equates consuming porn to killing Muslimwomen...courtesy of APRF whackoid Phyllis Chesler the Maoist International Movement:

http://www.imperialismkills.org/fliers/islamofasc2.pdf

I suppose that the many Muslim (and other non-religious folks in Iraq and other Middle East countries) who were victims of "Amerikan" imperalism don't really count for these MIM whackjobs....nor the fact that most of those who finance and support the killing of "Muslims" are as violently and militantly antiporn as they apparantly are.

Oh....and "wimmin" jill off to porn too...will they be held accountable for their role in genocide?? Oh, I forgot...most of those women OPPOSE the war. Too bad....it's the jerking off that is the real issue, I guess.

Just one more standing monument to APRF extremist collusion and ultra-Maoist lunacy, me thinks.

[Tip of the hat to Doug Henwood over at the Left Business Observer mailing list (lbo-talk) from where I got the link to Chesler's MIM's lunacy.]

UPDATE (11/8/o7) I owe a sincere apology to Phyllis Chesler for originally attributing the pamphlet to her; following the links provided at the bottom of the pamphlet let me to the Maoist International Movement site, which featured an attack on Chesler for being not "radical" enough and too "Western" for their particular sectarian tastes. I have made the proper revisions in this post to correct the record.

Saturday, October 27, 2007

Chemistry 3 (wherein I pretend to be a porn reviewer)

A few weeks ago, Tristan Taormino sent me a copy of Chemistry 3, her latest film. Rusty and I watched it off and on whenever we had a free moment, and finally finished it before we left for vacation last week.

Chemistry 3 won Best Gonzo at the 2007 AVN Awards. I found this interesting because a lot of people equate gonzo with degradation and, basically, all the 'bad' in porn. But Chemistry is closer to the real meaning of gonzo than all that other stuff people equate with the term:
Gonzo pornography is a filming style of adult video. It is characterized by a filming style that attempts to place the viewer directly into the scene. The name is a reference to gonzo journalism, in which the reporter is part of the event taking place. By analogy, gonzo pornography puts the camera right into the action -- often with one or more of the participants both filming and performing sexual acts -- without the usual separation characteristic of conventional porn and cinema.

What I liked about Chemistry 3 was that it included lots of laughter and a generally laid-back, not-forced feel. That's the whole point, of course; the three guys and three girls could fuck whom they wanted, when they wanted, and had cameras on hand to film as much of it themselves as they wanted.

There were also several "confessionals" with the different performers, where they talked about their personal preferences, their experiences in the adult industry, and a variety of other topics. When I saw Ren's comments about porn companies putting "behind the scenes" stuff on DVDs, I immediately thought of Chemistry 3. The entire film has the feel of those behind the scenes extras. And I think that's important - a lot of folks could stand to be reminded that people who work in the adult industry are, well, people. Shocking, I know; but porn performers have likes and dislikes, interests and opinions, and parts of their lives that don't involve fucking - just like the rest of us.

To anyone who goes around spouting off at the mouth about how horrible and exploitative porn is, I'd recommend watching Chemistry 3. The women aren't getting slapped around and referred to as bitches and sluts, and at no point does anyone have a bored, going-through-the-motions look on his or her face. If you watch Chemistry 3 and call it degrading, to me that says that you think sex on the participants' own terms, where everyone is enjoying themselves, is degrading.

Oh, and for that matter - because why end with snark? - I recommend Chemistry 3 to anyone who wants to see some good porn. Always Aroused Girl is even having a contest at her blog where you can win a copy. If I were some kind of pseudo-professional porn reviewer with a rating system based on stars or thumbs, I'd give Chemistry 3 the maximum number of those.

Tuesday, October 23, 2007

BREAKING NEWS: 2257 Regulations Delared Unconstitutional by Sixth US Appealate Court

The story from XBiz.com, with a special bow down to Violet Blue via Tiny Nibbles and Fleshbot:

http://xbiz.com/news/85586

CINCINATTI — The 6th Circuit U.S. Court of Appeals ruled today that the federal record-keeping statute 18 U.S.C. 2257 is unconstitutional, holding that the law is overbroad and facially invalid.

Attorney Lawrence Walters told XBIZ that the court’s opinion, while a very significant victory, is not the final word on the question of 2257’s constitutionality and cautioned that adult webmasters should not view it as the end of their 2257 concerns.

“Generally, you have to be very careful with reacting too rashly to any opinion,” Walters said. “This is a panel ruling, and it is not final. The government could ask for an en banc rehearing by the full circuit, and they can appeal the decision.”

Walters also noted that the decision only applies to the portion of the U.S. that is covered by the 6th Circuit – namely, Kentucky, Michigan, Ohio and Tennessee.

The good news, Walters said, is that the government’s options in getting the opinion overturned are all “long shots,” and he said the court’s reasoning in the opinion was very sound.

“The judges on this panel are renowned for being tremendously bright and it shows through in this ruling,” Walters said. “There’s no doubt that the 1st Amendment arguments here were strong, and the court recognized that the law clearly sweeps in too much protected speech, and there are just too many problems with the law, generally.”

The court’s decision came in the case
Connection Distributing vs. Gonzales, a case that reaches all the way back to 1995, when Connection, a publisher of swingers-themed magazines and websites, first challenged the constitutionality of 2257. Following a long history of rejections and appeals, the path eventually led back to the 6th Circuit court of appeals, and today’s ruling.

Writing for the majority, Judge Cornelia G. Kennedy stated in the opinion that the court’s hands were tied in terms of trying to impose any limiting construction on the statute that would comport with the intent of Congress, leaving Congressional amendment of the statute the only option for rendering 2257 constitutional.

“The plain text, the purpose and the legislative history of the statute make clear that Congress was concerned with all child pornography and considered record-keeping important in battling all of it, without respect to the creator’s motivation,” Kennedy wrote in the opinion. “There is, therefore, no narrowing construction.”

The government argued in the case that 2257 was aimed only at conduct and not speech. Had the court accepted this argument a lower standard of review would have been applied, and the court may have ruled that 2257 was a valid regulatory statute. The court rejected the government’s assertion that 2257 merely regulates conduct, however, in very direct fashion.

“This argument is unpersuasive,” Kennedy wrote. “While the government is indeed aiming at conduct, child abuse, it is regulating protected speech, sexually explicit images of adults, to get at that conduct. To the extent the government is claiming that a law is considered a conduct regulation as long as the government claims an interest in conduct and not speech, the Supreme Court has rejected that argument.”

Kennedy also noted that the child abuse, “the actual conduct in which the government is interested, is already illegal.”

“Child pornography, while speech, can be considered more like conduct because the conduct depicted is illegal, and if that illegality did not occur, no images of child pornography would be created,” Kennedy wrote. “Adult sexual conduct is not illegal and it is in fact constitutionally protected … The regulation of visual depictions of adult sexual activity is not based on its intrinsic relation to illegal conduct. It is, therefore, a regulation of speech, because both the photograph and the taking of a photograph ‘bear … [a] necessary relationship to the freedom to speak, write, print or distribute information or opinion.’”

Kennedy said the court was not unaware of the serious scourge of child
pornography — it just believes that there has to be a less burdensome option for
attacking the problem.

“We do not belittle the despicability of child pornography, and we appreciate the difficulties faced by the government,” Kennedy wrote. “There are a myriad of limitations available, however, that would reduce the breadth of the recordkeeping requirements and would more narrowly focus on the government’s interest and therefore remove some of the protected speech from the statute’s coverage. Such limitations have been suggested by witnesses who testified before Congress and by the plaintiffs here.”

Ultimately, Walters said adult webmasters and business owners should take a “wait and see” approach to the ruling, but there’s no question that the ruling should be counted as a victory in one 2257-related battle, even if it is not the decisive shot of the overall war.

“People should treat this as a step in the ladder towards total invalidation of 2257,” Walters said. “It certainly provides a roadmap for future arguments, as well.”

J. Michael Murray, the attorney for Connections Distributing, was not available for comment at press time.


Considering that the ruling applies only to the Sixth District's immediate jurisdiction and that it has no bearing on another suit currently ongoing involving The Free Speech Coalition's efforts to neuter 2257 nationwide, it nevertheless is a huge victory...and probably the beginning of the end for these regs.

Maybe we can finally have some sanity in this country concerning sexual expression after all??

Saturday, October 6, 2007

Government report on 'extreme' porn

So I've ranted briefly about the Criminal Justice Bill in the UK, and the legislation contained therein to make it illegal to possess certain images the government deems 'extreme', which reads like this.

To 'back up' these proposals, the Home Office set up a Ministry of Justice report on 'the evidence of harm to adults relating to extreme pornography'.

Not the most thrilling of documents...

Authors: Catherine Itzin, Ann Taken, Ruth Kelly (all anti-porn feminists)

My problems with this, and why it says nothing more about why this legislation is necessary or justified:

1. They're using old research, most of it not relating directly to the 'extreme' images that are soon to be banned.

2. Their reading of Donnerstein (the only research I've read directly myself) is based upon non-extreme pornography. Donnerstein found that a far greater number of men watching 'violent' pornography were likely to identify themselves with the victim than the aggressor.

3. This paragraph:

"Contrary to expectations, it was found that in 30 of the 48 primary studies included, the content of the extreme pornographic material used was described in graphic detail. Direct quotes of these explicit descriptions have not been repeated in this report because the nature of the material was 'too extreme'. Instead it has been described in more neutral terms. This has been done to avoid the risk that these descriptions would function as extreme pornographic material for the reader, producing sexual arousal and orgasm to material that depicts or enacts serious sexual violence, explicit serious violence in a sexual context or explicit intercourse or oral sex with an animal (bestiality)."


So now it's apparently dangerous to read this potentially lurid report in case we find it so erotic we have to have a wank???

WTF, Brit government?

Thursday, October 4, 2007

I guess porn really does lead to violence....

Bond set for woman accused of killing boyfriend

[...]

On Sunday morning, Strowder allegedly found at least one CD with nude photos of women and confronted Martin in their home about 10 a.m. She then allegedly got a gun and shot him multiple times, including twice in the head, according to prosecutors. The 54-year-old man was later pronounced dead on the scene, the Cook County Medical Examiner’s office said.

[more]