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Free Speech Law and the Pornography Debate
A Gender-Based Approach to Regulating Inegalitarian Pornography
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Publisher:
2020
Summary
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.
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Bibliographic data
Edition
1/2020
Copyright Year
2020
ISBN-Print
978-1-4985-7260-6
ISBN-Online
978-1-4985-7261-3
Publisher
Lexington, Lanham
Language
English
Pages
235
Product Type
Monograph
Table of contents
ChapterPages
Contents No access
Introduction No access Pages 1 - 14
Chapter One: Regulating Pornography Comparing the Zoning and Nude Dancing Cases to Hudnut No access
Chapter Two: Language Games and the Zoning and Nude Dancing Cases No access
Chapter Three: Categories and Epistemic Gatekeeping in Free Speech Jurisprudence No access
Chapter Four: A Critique of the Content-Neutrality Principle No access
Chapter Five: Pornography Harms: Where Speech Act Theory, Causality, and the Performative Fall Short No access
Chapter Six: Discursive Effects No access
Chapter Seven: Discursive Effects and Liberal Law No access
Chapter Eight: Reconsidering the Tension between Liberty and Equality No access
