Free Speech Law and the Pornography Debate
A Gender-Based Approach to Regulating Inegalitarian Pornography
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Product details:
- Publisher Lexington Books
- Date of Publication 11 May 2022
- Number of Volumes Paperback
- ISBN 9781498572620
- Binding Paperback
- No. of pages244 pages
- Size 220x152x18 mm
- Weight 372 g
- Language English 463
Categories
Short description:
By examining the highly contested legal debate about the regulation of pornography through an epistemic lens, this book analyzes competing claims about the proper role of speech in our society, pornography?s harm, the relationship between speech and equality, and whether law should regulate and, if so, upon what grounds.
MoreLong description:
By examining the highly contested legal debate about the regulation of pornography through an epistemic lens, this book analyzes competing claims about the proper role of speech in our society, pornography?s harm, the relationship between speech and equality, and whether law should regulate and, if so, upon what grounds. In maintaining that inegalitarian pornography generates discursive effects, the book contends that law cannot simply adopt a libertarian approach to free speech. While inegalitarian pornography may not be determinative of gender inequality, it does contribute, reinforce, reflect and help maintain such unfairness. As a result, we can place reasonable gender-based regulations on inegalitarian pornography while upholding our most treasured commitments to dissident speech just as other liberal democracies with strong free speech traditions have done.
An original and deeply insightful analysis of indirect strategies employed by American law to regulate pornography and the sex industry. Building on a wide range of feminist and critical race scholarship, Eckert?s book displays the historically and culturally biased systems of knowledge production that shape what counts as harms, and offers a new theory of discursive harm. By rejecting simplistic accounts of objectivity, evidence, and neutrality, Eckert challenges us to deepen the liberal and egalitarian aspirations that underlie our constitution. A terrific book!
Table of Contents:
Part I - Sociology of Knowledge - ?We Already Regulate Pornography for Gender-Based Reasons without Acknowledging It?
Chapter 1 - Regulating Pornography: Comparing the Zoning Approach and Nude Dancing Cases to Hudnut
Chapter 2 - Language Games and the Zoning and Nude Dancing Cases
Part II - The Legal Landscape that Acts to Exclude Knowledge Claims about Pornography
Chapter 3 - Categories and Epistemic Gatekeeping in Free Speech Jurisprudence
Chapter 4 - A Critique of the Content-Neutrality Principle
Chapter 5 - Proving Pornography?s Harms - Where Speech Act Theory, Causality, and the Performative Fall Short
Chapter 6 - Discursive Effects: A Different Framework to Understand the Harm from Speech
Part III - Liberal Law and a New Theory of Harm
Chapter 7 - Discursive Effects and Liberal Law
Chapter 8 - Reconsidering the tension between Liberty and Equality
Free Speech Law and the Pornography Debate: A Gender-Based Approach to Regulating Inegalitarian Pornography
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