How should we define pornography without inhibiting freedom of expression?
The first amendment protects freedom of speech and expression of the people of the United State. This is said to protect pornography which can be termed as a form of speech or expression. However, when critically evaluated, pornography is obscene and indecent material that can be used against women or to violate women, and to corrupt the moral values of a society. Pornographic materials are highly available especially virtually, where they are easily available. It is therefore considerably hard to define pornography without obstructing freedom of speech, particularly in the current level of technology advancement. Pornography is a form of speech used to injure and harm others since it can also be addictive (Sunstein, 1986). Explicit sexual expression is protected by the first amendment unless it is real and obscene. However, it is hard to create boundary on what is obscene since it varies based on individual level of conservativeness, traditional or religious values, and culture. What is obscene to one person may not be considered to be obscene to others. This makes it hard to define pornography without inhibiting freedom of expression. However, the aspect of real makes it clear that anything obscene which is presented virtually cannot be classified as pornography.
How do we enforce such a definition without enforcing censorship?
Censorship takes place when people impose their view on others. Based on the law, pornography refers to anything that is obscene. However, this definition can be ambiguous due to the variation in personal measures of obscene. However, for material to be regarded as pornography it must be real, meaning the judgment of obscene can be based on American culture. It is therefore possible to define pornography without enforcing censorship, since what is obscene based on American culture can easily identifiable to all
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