Porn--Philosophy for Everyone by Fritz Allhoff

Author:Fritz Allhoff
Language: eng
Format: epub
Publisher: Wiley
Published: 2010-11-03T16:00:00+00:00

J. K. MILES

CHAPTER 11

BUMPER STICKERS AND BOOBS

Why the Free Speech Argument for Porn Fails

Pornography is free speech applied to the sexual realm. Freedom of speech is the ally of those who seek change: it is the enemy of those who seek to maintain control. Pornography, along with all other forms of sexual heresy, such as homosexuality, should have the same legal protection as political heresy.

(Wendy McElroy)1

“I’m shocked, I tell you, shocked!”

You have picked up this book and no doubt have been titillated and maybe shocked by some of what is written herein. The title of my essay has the same goal as the cover of a porn magazine: titillate, shock, and hopefully get you to keep looking. I title this essay “Bumper Stickers and Boobs” to titillate. I subtitle it “Why the Free Speech Argument for Porn Fails” to shock many free speech advocates and get everyone thinking. I will expose myself early. I hope to convince you that whatever else porn is, it is not free speech just applied to the sexual realm. There may be reasons not to censor porn, but violating freedom of speech is not one of them.

“But wait a minute!” you say. “If pornography is expression and America (at least) is founded on freedom of expression, then shouldn’t there be a freedom to distribute, look at, and salivate over good porn?” Wendy McElroy says, “Pornography, along with all other forms of heresy, such as homosexuality, should have the same legal protection as political heresy.” If McElroy is right, the only difference between porn and political heresy is the message expressed.

Philosophers like things in the nice neat package of an argument. So let us render McElroy’s statement into an argument. We can call it the free speech argument for porn. It goes like this:

1. The right to express one’s religious and political views no matter how heretical should be protected from censorship.

2. Looking at, making, and publishing pornography are forms of sexual expression.

3. Sexual expression, no matter how heretical, should be protected the same as political and religious expression.

4. The right to express one’s sexual views no matter how heretical should be protected from censorship.

5. Looking at, making, and publishing pornography, no matter how heretical, should be protected from censorship.

Invoking the term “freedom of expression” or “right to free speech” has a way of stopping arguments. Appeal to a right to freedom of expression and you have just played the trump card. If sexual expression is included in the right to expression, then there is a strong reason to leave it alone. When you apply the term “right” to the ambiguous term “expression” it does cause some rather ludicrous law enforcement. Two adults have sex in a motel and one gets paid by the other and it is called prostitution and someone goes to jail. If both get paid for making a film, however, it is called expression and no one goes to jail. That seems . . . silly. Both are forms of sexual expression.

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