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If sex is a difference, social or biological, one looks to see if a challenged practice occurs along the same lines; if it does, or if it is done to both sexes, the practice is not discrimination, not inequality. If, by contrast, sex inequality is a matter of dominance, the issue is not the gender difference but the difference gender makes.

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In this more substantive, less abstract approach, the concern is whether a practice subordinates on the basis of sex. The first approach implies that marginal correction is needed; the second suggests social change. Equality to the first centers on abstract symmetry between equivalent categories; the asymmetry that occurs when categories are not equivalent is not inequality, it is treating unlikes differently.

To the second approach, inequality centers on the substantive, cumulative disadvantagement of social hierarchy. Equality to the first is nondifferentiation; to the second, equality is nonsubordination.

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To define pornography as a practice of sex discrimination combines a mode of portrayal that has a legal history - the sexually explicit - with an active term central to the inequality of the sexes - subordination. Among other things, subordination means to be placed in a position of inferiority or loss of power, or to be demeaned or denigrated.

To be someone's subordinate is the opposite of being their equal. The definition does not include all sexually explicit depictions of the subordination of women. That is not what it says. It says, this which does that: the sexually explicit which subordinates women. To these active terms to capture what the pornography does, the definition adds a list of what it must also contain. This list, from our analysis, is an exhaustive description of what must be in the pornography for it to do what it does behaviorally.

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Each item in the definition is supported by experimental, testimonial, social, and clinical evidence. We made a legislative choice to be exhaustive and specific and concrete rather than conceptual and general, to minimize problems of chilling effect, making it hard to guess wrong, thus making self-censorship less likely, but encouraging to use a phrase from discrimination law voluntary compliance, knowing that if something turns up that is not on the list, the law will not be expansively interpreted. Although police have known it for years, reported cases are increasingly noting the causal role of pornography in some sexual abuse.

In a recent Minnesota case, a fourteen-year-old girl on a bicycle was stopped with a knife and forced into a car. Her hands were tied with a belt, she was pushed to the floor and covered with a blanket. The knife was then used to cut off her clothes, and fingers and a knife were inserted into her vagina. Then the man had her dress, drove her to a gravel pit, ordered her to stick a safety pin into the nipple of her left breast, and forced her to ask him to hit her.

After hitting her, he forced her to commit fellatio and to submit to anal penetration, and made her use a cigarette to burn herself on her breast and near her pubic area.


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Then he defecated and urinated on her face, forced her to ingest some of the excrement and urine and made her urinate into a cup and drink it. He took a string from her blouse and choked her to the point of unconsciousness, leaving burn marks on her neck, and after cutting her with his knife in a couple of places, drove her back to where he had gotten her and let her go. The Minnesota Supreme Court said "It appears that in committing these various acts, the defendant was giving life to some stories he had read in various pornographic books.

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Now I'm going to talk about causality in its narrowest sense. Recent experimental research on pornography shows that the materials covered by our definition cause measurable harm to women through increasing men's attitudes and behaviors of discrimination in both violent and nonviolent forms. Exposure to some of the pornography in our definition increases normal men's immediately subsequent willingness to aggress against women under laboratory conditions. It makes normal men more closely resemble convicted rapists attitudinally, although as a group they don't look all that different from them to start with.

This latter measure, by the way, begins with rape at about a third of all men and moves to half with "forced sex. For those of you who still think pornography is only an idea, consider the possibility that obscenity law got one thing right. Pornography is more act - like than thought - like. The fact that pornography, in a feminist view, furthers the idea of the sexual inferiority of women, which is a political idea, doesn't make the pornography itself into a political idea.

One can express the idea a practice embodies. That does not make that practice into an idea. Segregation expresses the idea of the inferiority of one group to another on the basis of race. That does not make segregation an idea. A sign that says "Whites Only"' is only words. Is it therefore protected by the first amendment? Is it not an act, a practice, of segregation because of the inseparability of what it means from what it does? Law is only words.


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The issue here is whether the fact that the central link in the cycle of abuse that I have connected is words and pictures will immunize that entire cycle, about which we cannot do anything without doing something about the pornography. Andrea Dworkin and Catharine A. MacKinnon coauthored an overview of their antipornography civil rights ordinance in for the Judiciary Committee of the Commonwealth of Massachusetts. Excerpts from the text of this model antipornography civil rights ordinance can be found online, in addition to MacKinnon and Dworkin's book, A New Day For Women's Equality , which explains: "How pornography hurts women and how and why the civil-rights ordinance would make a difference; Why the pornography is so important to women's equality; The truth about the antipornography civil-rights ordinance--what it is, what it does, what it means, how it works; Answers to the lies about it--lies that the media have spread to protect the pornography industry; What you can do to stop the pornographers and further women's equality.

Pornography is an issue that has divided many feminists. Consider the following excerpt from their amici brief filed in the American Booksellers v. Hudnut case:. Amici Brief: American Booksellers v.

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Hudnut, Nan Hunter and Sylvia Law. Words and images do influence what people think, how they feel, and what they do, both positively and negatively. Thus pornography may have such influence. But the connection between fantasy or symbolic representation and actions in the real world is not direct or linear. Sexual imagery is not so simple to assess. In the sexual realm, perhaps more so than in any other, messages and their impact on the viewer or reader are often multiple, contradictory, layered and highly contextual.

This provision does far more than simply provide a remedy to women who are pressured into the creation of pornography which they subsequently seek to suppress. It functions to make all women incompetent to enter into legally binding contracts for the production of sexually explicit material. When women are legally disabled from making binding agreements, they are denied power to negotiate for fair treatment and decent pay.

To resist forced sex and violence, women need the material resources to enable them to reject jobs or marriages in which they are abused or assaulted and the internal and collective strength to fight the conditions of abuse. The ordinacnce does nothing to enhance the concrete economic and social power of women. Such suppression will not empower women to enter into sexual relationships on a voluntary, consensual basis. Empowering women requires something more than suppression of texts and images.

As exemplified by the readings presented above, extensive academic debate has taken place concerning the legal issues and social ramifications implicated by the connection between pornography and violence against women. Recently, however, the debate has intensified in political circles and societal spheres outside the realms of academia and Supreme Court jurisprudence.

This trend is at least in part attributable to the development of a new problem -- the problem of pornography, stalking, and violence against women on the internet. Demands for regulation of violence against women in cyberspace have increased exponentially with the reporting of high-profile cyber-stalking and e-mail harassment cases. One of these cases, United States v. Baker, is the subject of this week's Case Study.

Please read the excerpts from the district court opinion and appellate court majority and dissent opinions provided below.

Please note that the dissent to the appellate court opinion contains very explicit sexual and violent material. In addition, optional background readings are available on the following topics: current state and federal stalking laws including 18 U. United States District Court, E. Michigan, Southern Division.

enter June 21, Jones, 62 Mich. This is a criminal prosecution under 18 U. Defendant Jake Baker Baker is charged. For the reasons that follow, the motion will be granted. Computer networks are systems of interconnected computers that allow the exchange of information between the connected computers. The Internet is the world's largest computer network, often described as a "network of networks.

E-mail allows computer network users to send messages to each other which are received at an "electronic mailbox" identified by the recipient's unique user name and address. A survey of Internet use conducted in October, counted The survey tallied male users as outnumbering female users by a ratio of 2 to 1 , and children aged seventeen and younger as constituting 2. The e-mail messages that form the basis of the charges in this case were exchanged in December, between Baker in Ann Arbor, Michigan, and defendant Arthur Gonda Gonda , who sent and received e-mail through a computer in Ontario, Canada.

They all express a sexual interest in violence against women and girls.


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  • The complaint is based on an FBI agent's affidavit which cited language taken from a story Baker posted to an Internet newsgroup entitled "alt. The story graphically described the torture, rape, and murder of a woman who was given the name of a classmate of Baker's at the University of Michigan. The "alt. Much of the attention this case garnered centered on Baker's use of a real student's name in the story.

    Baker has filed a motion seeking dismissal. He contends that application of 18 U. The government responds that the motion must be denied because the First Amendment does not protect "true threats," and because whether a specific communication constitutes a true threat is a question for the jury. The Communications. Count I charges Baker and Gonda with transmitting a threat to injure, and quotes from three e-mail messages.

    In the first message quoted, dated December 1, , Baker responds to a message he had received from Gonda:. I highly agree with the type of woman you like to hurt. You seem to have the same tastes I have.

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    When you come down, this'll be fun! Also, I've been thinking. I want to do it to a really young girl first. What do you think?