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Introduction
During the 1950's there was a social movement against the pornography industry in Canada. Religious and Feminist groups were concerned about the harmful effects regarding the danger and degradation of women. The opposition to this movement was that pornography was a freedom of expression and sexual orientation. This brought about many political debates and controversies about what is ethically right and what is a personal freedom. This created many problems for the Canadian government on how to legislate pornography and up hold the Common Rights of Canada.
First Legislation on Obscenity and Criminal Law
In 1959 the Canadian government passed the first law regarding obscenity after a social movement by feminist groups. The Canadian law stated "For the purpose of the Act, any publication of a dominant characteristic of which is the undue exploitation of sex, and any one or more of the following subjects, namely, crime, horror, cruelty and violence shall be deemed obscene." The addition of this law did not settle the conflict between Liberals and Conservatives over the value of pornography and sex itself. Everything was based around one question: Were representations of sex socially and morally dangerous or sexually liberating?
Feminist Movement
During the 1980's another Feminist movement began because they felt the current law didn't do anything to protect women and it didn't criminalize pornography in any way. Feminist groups argued that pornography oppressed women and it would influence men to believe that this degrading behavior portrayed in adult entertainment is acceptable and something must be done to change it. However, not all Feminist believed in this movement. This particular group went under the name Feminist Against Censorship. This special group was opposed to censoring pornography because it would give power to the men in the Canadian government power to control women's rights: it's the epitome of sexism.
Some of the Feminist leaders in North America said that current laws interpret text in such a way that the government ignores the realities of women's lives. In other words, the Feminist group says, the law is too subjective and it must be thrown out and a completely new law be instated that will do away with pornography completely. In order for women to change this law they would have to prove that men who consume pornography also behave in this way by degrading and dehumanizing women. At this point in time there was no evidence supporting that if a man watched pornography that he was going use violence or demeaning behavior towards women.
She mentions how the feminist views pornography as obscene and offence to women. They want pornography to be censor but it goes against the First Amendment right. She disagrees with the feminist idea of censoring pornography because it would be wrong to want to take the right of the U.S. citizen the freedom to express them. She continues to say that there is a porn store on the street that women are disgusted by it than a march of neo-Nazis is to survivors of the extermination craps. She also mentions that one day she went to watched an inappropriate movie where it contain sexual and violence scene and when she came out she got shocked to see parents taking their children to see the movie. Jacoby feels parents should not allow their kids to watch those types of
...movement, a movement that has heavily tied with religion. Like elsewhere the movement also led to women gaining greater liberties. Women’s suffrage is the most important of these newfound liberties. The movement would eventually lead to the Canadian Temperance Act and eventually to provincial prohibition, but there the movement would ultimately be defeated. Though every province was a little bit different, both is their timeline and, sometimes, their reasons ultimately prohibition would fail. Corrupt offices, apathetic law enforcement, economic factors, and a shift in thought were all to blame for the failure of Canadian prohibition.
Pornography refers to sexual materials designed to arouse sexual desire of viewers/readers. The provisions of the First Amendment prohibit the government from abridging the freedom of speech (Hafen 210). Despite the provisions, the US Supreme Court interprets the constitution to identify the limits and boundaries inherent in the First Amendment rights. Accordingly, the First Amendment does not protect two types of pornography: child pornography and obscenity (Hafen 210). The First Amendment protects all other pornographic materials not falling in these two categories, but only for adult viewers.
In order for Canada to share an equal part in the overall media industry as any other country, Canadian content regulations must be in place. CanCon regulations should be enforced on Canadian media content, as it is a crucial aspect of national culture, representative of the country as a whole. Without such regulations determined by CanCon, Canadian society risks becoming lost within the commotion of international media and their varied interests.
One of the best ways to judge the different political arguments in Canada from the early 20th century, is by reviewing the different political cartoons that were released. These were an effective way of educating the masses because it did not require an advanced education or vocabulary to understand where each side was debating. One of the more popular conflicts that were ongoing in the first years of the 1900’s was the fight for women’s equality. This included the right to vote and the right to participate in government. By comparing political cartoons from before, during, and after the First World War the changing context of Canadian society also affected the public opinion and the power balance towards the evolution of Women’s equality.
One persuasive argument or statement that I agree with completely that Susan Miller stated in her essay was that pornography is degradable to women. “…Pornography represents hatred of women that pornography's intent is to humiliate, degrade and dehumanize the female body for the purpose of erotic stimulation and pleasure. We are unalterably opposed to the presentation of the female body being stripped, bound, raped, tortured, mutilated and murdered in the name of commercial entertainment and free speech.”(Susan Brownmiller, Pg. 3 of art...
From 1960 to 1990 the women’s movement in Canada played a significant role in history concerning the revolution of women’s rights. Although it was a long road coming for them, they were able to achieve the rights they deserved. Women struggled for equality rights to men but primarily their rights as a person. Since the 1960s women’s rights had significantly changed, they had to work hard for the rights that they have in the present day. Females across the nation started speaking out against gender inequality, divorce, and abortion. This uprising coincided with the Women’s Movement. Through the Royal Commission on the status of women they were able to gain equality rights and they were able to have access to legal abortions through the Charter Rights of Freedom and obtain no-fault divorce through the Divorce Act of 1986.
She mentions how feminist view pornography as indecent and derogatory against women. Feminist want pornography to be censored but it goes against the First Amendment right. Jacoby disagrees with the feminist view of censoring pornography because it is a violation of that First amendment. Jacoby constantly mentions that the feminist woman feel disgusted with porn stores more than the extermination camp survivors observing a neo-Nazi march. She mentions that one day she went to watch an inappropriate movie that contained violence and sexual scenes. After the ending of the movie Jacoby came out and was shocked to see that parents where taking in their children to view the movie. Jacoby feels parents should not allow their kids to view those types of
Young, Alan. "The state is still in the bedrooms of the nation: the control and regulation of sexuality in Canadian criminal law." The Canadian Journal of Human Sexuality 17.4 (2008).
Pornography is considered by many to be an unwelcome and distasteful part of our society. However, I argue that it is necessary to voice the unpopular viewpoints, under the Constitution. This paper is a defense of pornography as a constitutional right of free expression, under the First Amendment of the Bill of Rights. In illustrating this argument, I will first define pornography as a concept, and then address central arguments in favor of pornography remaining legal and relatively unregulated – such as the development of the pornography debate throughout modern US law, and how activist groups address the censorship of adult entertainment.
In her essay “Let’s Put Pornography Back in the Closet,” Susan Brownmiller, a prominent feminist activist, argues that pornography should not be protected under the First Amendment (59). Her position is based on the belief that pornography is degrading and abusive towards women (Brownmiller 59). She introduces the reader to the U.S. Constitution’s First Amendment, and explains how it relates to her beliefs on censoring pornographic material (Brownmiller 58). In addition, she provides examples of First Amendment controversies such as Miller v. California and James Joyce’s Ulysses to explain how the law created a system to define pornographic material (Brownmiller 58). She described the system that used a three-part test as confusing (Brownmiller 58). Regardless of whether or not the First Amendment was intended to protect obscenities, she and many others believe that the legislatures should have the final say in the decision of creating and publishing pornography (Brownmiller 60).
Feminism, in its simplest definition, is the belief that men and women should have equal rights and opportunities. (Webster) Feminists fight for equality for women to men socially, politically, and economically. At the peak of feminist discourse is equality for men and women in education and in employment. However, feminism also focuses on more than issues regarding the rights of women in relation to men. Issues of gender equality and women’s right to control their sexuality are also at the core of feminist theory. A key argument made by many feminists is how women have very little control over their sexuality, mainly being defined and controlled by men. T...
“Those of us who trust sexuality must not allow ourselves to be controlled by those who fear it (Marty Klein).” In America censorship has affected various mediums: print, art, television, and internet, as it pertain to sexuality. However the first amendment “protects” the right to free speak, and press. Congress has tried to pass bills to outlaw pornography, (but have failed) ban books for sexual content, and dictate what can be said on TV and radio. If the government is allowed to censor these ways of communication then we, as citizens of a democracy, will be treated as citizens under a dictatorship. “Censorship may even suppress new and different ideas, keeping them from being made public. It may also set limitations, which stifle the creativity of authors and prevent them from thoroughly expressing their ideas (anonymous)”. The religious groups, parent groups and feminist, are the factor in pressuring governments to implement stricter moral codes. The problem is that these groups view sex as a means of procreation. Yes we are mammals, but we do not have sex just to mate like hors...
Men are still allowed to secretly have sex because it was their instinct. Men can sneak around and have sex with prostitutes; “consorting with prostitutes was forbidden, of course, but it was one those rules that you could occasionally nerve yourself to break. It was dangerous, but it was not a life-and-death matter” (Orwell 50). Even though men are allowed this Julia states that "girls are always supposed to be pure" (Orwell 102). Women are the only ones allowed to worn in the porn department because they can control themselves since they should not have the urge like a man does. Men have the right to allow their instincts to show while the women must conceal them. This gives men a right that women do not have which shows that they are above them in this dystopian
In recent years, pornography has established itself as perhaps the most controversial topic arising out of the use of the Internet. The easy availability of this type of sexually explicit material has caused a panic among government officials, family groups, religious groups and law enforcement bodies and this panic has been perpetuated in the media.