Free Speech Law and the Pornography Debate: A Gender-Based Approach to Regulating Inegalitarian Pornography

This book examines the legal debate about the regulation of pornography through an epistemic lens, arguing that inegalitarian pornography contributes to gender inequality and that law cannot adopt a libertarian approach to free speech. It suggests that reasonable gender-based regulations on inegalitarian pornography can be placed while upholding our commitment to dissident speech.

Format: Paperback / softback
Length: 244 pages
Publication date: 15 May 2022
Publisher: Lexington Books

This book delves into the intricate and contentious legal debate surrounding the regulation of pornography, employing an epistemic lens to analyze competing claims about the role of speech in society, the harm caused by pornography, the relationship between speech and equality, and the appropriateness of law enforcement. The author maintains that inegalitarian pornography, characterized by its portrayal of unequal power dynamics and gender stereotypes, generates discursive effects that contribute to gender inequality. While the book acknowledges that pornography alone may not be the sole determinant of gender inequality, it argues that it nonetheless plays a significant role in perpetuating, reinforcing, reflecting, and maintaining such unfairness. Consequently, the author suggests that law cannot adopt a purely libertarian approach to free speech when dealing with inegalitarian pornography. Instead, the book proposes that reasonable gender-based regulations can be implemented while still upholding our fundamental commitment to dissident speech, a principle that is upheld by other liberal democracies with robust free speech traditions.

The book begins by examining the historical and cultural context of pornography, exploring how it has evolved and been shaped by societal norms and values. It then delves into the legal and ethical implications of pornography, discussing the arguments for and against its regulation. The author argues that inegalitarian pornography contributes to gender inequality by perpetuating harmful stereotypes and promoting unequal power dynamics. They also highlight the potential harm that pornography can cause to individuals and society, such as sexual assault, violence, and addiction.

Despite these concerns, the book argues that law cannot simply adopt a libertarian approach to free speech when regulating pornography. The author contends that inegalitarian pornography does not constitute protected speech under the First Amendment, as it promotes harm and inequality. Instead, the author proposes that law enforcement should focus on regulating pornography that promotes violence, exploitation, and child pornography.

The book also explores the relationship between speech and equality, arguing that inegalitarian pornography undermines the principles of equality and freedom of expression. The author contends that the right to free speech should not be used to justify the promotion of harmful stereotypes and unequal power dynamics. Instead, the author suggests that speech should be used to promote diversity, inclusivity, and equality.

In conclusion, this book provides a comprehensive analysis of the legal debate surrounding the regulation of pornography. It argues that inegalitarian pornography contributes to gender inequality and should be regulated to promote equality and freedom of expression. The book proposes that reasonable gender-based regulations can be implemented while still upholding our most treasured commitments to dissident speech. This book is a valuable resource for scholars, policymakers, and individuals interested in understanding the complex relationship between speech, pornography, and equality.

Weight: 372g
Dimension: 220 x 152 x 18 (mm)
ISBN-13: 9781498572620