Feminists Against the First Amendment

A critique of a movement that is winning new recruits among politicians and on college campuses—a movement that appeals to the widespread loathing of pornography, that promotes a view of men as lubricious brutes, and that has united authoritarians on the left and the right in an assault on free speech
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Massachusetts Mischief

This unlikely convergence of first amendment critiques from multiculturalists, post-structuralists, and advocates of traditional family values, recently combined with high-profile rape and harassment cases and women's abiding concern with sexual violence, buoyed the feminist anti-porn movement. This year it re-emerged on the national and local scene with renewed legislative clout. The presumption that pornography oppresses women and is a direct cause of sexual violence is the basis for bills introduced in the U.S. Senate and the Massachusetts legislature. Last June the Senate Judiciary Committee passed the Pornography Victims' Compensation Act, which would make producers, distributors, exhibitors, and retailers convicted of disseminating material adjudged obscene liable for damages to victims of crimes who could claim that the material caused their victimization. The Massachusetts legislature held hearings on a much broader anti-porn bill, closely modeled on the Indianapolis ordinance. Disarmingly titled "An Act to Protect the Civil Rights of Women and Children," the Massachusetts bill would not only make purveyors of pornography liable for crimes committed by their customers; it would also allow any woman, whether or not she has been the victim of a crime, to sue the producers, distributors, exhibitors, or retailers of any sexually explicit visual material that subordinates women. (The exclusion of verbal "pornography" from the anti-trafficking provision would protect the likes of Norman Mailer, whom many feminists consider a pornographer, so long as his works are not adapted for the screen.) What this bill envisions is that the First Amendment would protect only that speech considered sexually correct.

The feminist case against pornography is based on the presumption that the link between pornography and sexual violence is clear, simple, and inexorable. The argument is familiar: censorship campaigns always blame unwanted speech for unwanted behavior: Jerry Falwell once claimed that sex education causes teenage pregnancy, just as feminists claim that pornography causes rape. One objection to this assertion is that it gives rapists and batterers an excuse for their crimes, and perhaps even a "pornography made me do it" defense.

The claim that pornography causes rape greatly oversimplifies the problem of sexual violence. We can hardly say that were it not for pornography, there would be no rape or battering. As feminists opposed to anti-porn legislation have pointed out, countries in which commercial pornography is illegal—Saudi Arabia, for example—are hardly safe havens for women.

This is not to deny that there probably is some link between violence in the media and violence in real life, but it is complicated, variable, and difficult to measure. Not all hate speech is an incantation; not all men are held spellbound by pornography. Poststructural feminists who celebrate subjectivism should be among the first to admit that different people respond to the same images differently. All we can confidently claim is that the way women are imagined is likely to have a cumulative effect on the way they're treated, but that does not mean any single image is the clear and simple cause of any single act.

The Dworkin-MacKinnon bill, however, did more than assume that pornography causes sex discrimination and other crimes against women. It said that pornography is violence and discrimination: the active subordination of women (and it assumed that we can all agree on what constitutes subordination). MacKinnon and her followers deny that prohibiting pornography is censorship, because they effectively deny that pornography is speech—and that is simply Orwellian. The line between speech and behavior is sometimes blurred: dancing nude down a public street is one way of expressing yourself which may also be a form of disorderly conduct. But if pornography is sex discrimination, then an editorial criticizing the President is treason.

Most feminists concerned about pornography are probably not intent on suppressing political speech, but the legislation they support, like the Massachusetts anti-porn bill, is so broad, and its definition of pornography so subjective, that it would be likely to jeopardize sex educators and artists more than it would hard-core pornographers, who are used to operating outside the law. Feminist legislation makes no exception for "pornography" in which some might find redeeming social value; it could, for example, apply in the case of a woman disfigured by a man who had seen too many paintings by Willem de Kooning. "If a woman is subjected," Catharine MacKinnon writes, "why should it matter that the work has other value?"

With this exclusive focus on prohibiting material that reflects incorrect attitudes toward women, anti-porn feminists don't deny the chilling effect of censorship; they embrace it. Any speech that subordinates women—any pornography—is yelling "Fire!" in a crowded theater, they say, falling back on a legal canard. But that's true only if, just as all crowds are deemed potential mobs, all men are deemed potential abusers whose violent impulses are bound to be sparked by pornography. It needs to be said, by feminists, that efforts to censor pornography reflect a profound disdain for men. Catharine MacKinnon has written that "pornography works as a behavioral conditioner, reinforcer and stimulus, not as idea or advocacy. It is more like saying 'kill' to a trained guard dog—and also the training process itself." That's more a theory of sexuality than of speech: pornography is action because all men are dogs on short leashes.

'This bleak view of male sexuality condemns heterosexuality for women as an exercise in wish fulfillment (if only men weren't all dogs) or false consciousness (such as male-identified thinking). True feminism, according to MacKinnon, unlike liberal feminism, "sees sexuality as a social sphere of male power of which forced sex is paradigmatic." With varying degrees of clarity, MacKinnon and Dworkin suggest that in a context of pervasive, institutionalized inequality, there can be no consensual sex between men and women: we can never honestly distinguish rape from intercourse.

An Esoteric Debate

A modified version of the message may well have particular appeal to some women today, who make up an important constituency for the anti-porn movement. In their late teens and early twenties, these women are still learning to cope with sexuality, in a violent and unquestionably misogynistic world. Feminism on campus tends to focus on issues of sexuality, not of economic equity. Anxiety about date rape is intense, along with anxiety about harassment and hate speech. Understanding and appreciation of the First Amendment is a lot less evident, and concern about employment discrimination seems somewhat remote. It's not hard to understand why: college women, in general, haven't experienced overt repression of opinions and ideas, or many problems in the workplace, but from childhood they've known what it is to fear rape. In the age of AIDS, the fear can be crippling.

Off campus the anti-porn feminist critique of male sexuality and heterosexuality for women has little appeal, but it is not widely known. MacKinnon's theoretical writings are impenetrable to readers who lack familiarity with poststructural jargon and the patience to decode sentences like this: "If objectivity is the epistemological stance of which women's sexual objectification is the social process, its imposition the paradigm of power in the male form, then the state will appear most relentless in imposing the male point of view when it comes closest to achieving its highest formal criterion of distanced aperspectivity." Dworkin is a much more accessible polemicist, but she is also much less visible outside feminist circles. Tailored, with an air of middle-class respectability and the authority of a law professor, MacKinnon looks far less scary to mainstream Americans than her theories about sexuality, which drive the anti-porn movement, might sound.

If anti-pornography crusades on the right reflect grassroots concern about changing sexual mores and the decline of the traditional family, anti-pornography crusades on the feminist left reflect the concerns and perceptions of an educated elite. In the battle for the moral high ground, anti-porn feminists claim to represent the interests of a racially diverse mixture of poor and working-class women who work in the pornography industry—and they probably do represent a few. But many sex-industry workers actively oppose anti-porn legislation (some feminists would say they've been brainwashed by patriarchy or actually coerced), and it's not at all clear that women who are abused in the making of pornography would be helped by forcing it deeper underground; working conditions in an illegal business are virtually impossible to police. It's hard to know how many other alleged victims of pornography feel represented by the anti-porn movement, and I know of no demographic study of the movement's active members.

Leaders of the feminist anti-porn movement, however, do seem more likely to emerge from academia and the professions than from the streets or battered-women's shelters. Debra Robbin, a former director of the New Bedford Women's Center, one of the first shelters in Massachusetts, doesn't believe that "women on the front lines," working with victims of sexual violence, will "put much energy into a fight against pornography." Activists don't have time: "They can barely leave their communities to go to the statehouses to fight for more funding." The poor and working-class women they serve would say, "Yeah, pornography is terrible, but I don't have food on my table." Carolin Ramsey, the executive director of the Massachusetts Coalition of Battered Women Service Groups, says that the pornography debate "doesn't have a lot to do with everyday life for me and the women I'm serving." She explains, "Violence in the home and the streets that directly threatens our lives and our families is more pressing than a movie. Keeping my kids away from drugs is more important than keeping them away from literature."

Ramsey is sympathetic to anti-porn feminists ("there's room in the movement for all of us"), and she believes that "violence in the media contributes to violence in real life." Still, she considers the pornography debate "esoteric" and "intellectual" and feels under no particular pressure from her constituents to take a stand against pornography.

If censoring pornography is the central feminist issue for Catharine MacKinnon, it is a peripheral issue for activists like Robbin and Ramsey. Robbin in particular does not believe that eliminating pornography would appreciably lessen the incidence of sexual abuse. David Adams, a co-founder and the executive director of Emerge, a Boston counseling center for male batterers, believes that only a minority of his clients (perhaps 10 to 20 percent) use hard-core pornography. He estimates that half may have substance-abuse problems, and adds that alcohol seems more directly involved in abuse than pornography. Adams agrees with feminists that pornography is degrading to women but does not support legislation regulating it, because "the legislation couldn't work and would only open the door to censorship."

What might work instead? Emerge conducts programs in Boston and Cambridge public schools on violence, aimed at both victims and perpetrators. "There's a lot of violence in teen relationships," Adams observes. Debra Robbin wishes that women in the anti-porn movement would "channel their energies into funding battered women's shelters and rape-crisis centers."

Reforming the criminal-justice system is also a priority for many women concerned about sexual violence. Anti-stalking laws could protect many more women than raids on pornographic video stores are ever likely to; so could the efficient processing of cases against men who abuse women.

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Wendy Kaminer is an author, lawyer, and civil libertarian. She is the author of I'm Dysfunctional, You're Dysfunctional.

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