Free Speech Law and the Pornography Debate
A Gender-Based Approach to Regulating Inegalitarian Pornography

By (author) Lynn Mills Eckert

ISBN13: 9781498572620

Imprint: Lexington Books

Publisher: Lexington Books

Format:

Published: 11/05/2022

Availability: Available

Description
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.
Part I - Sociology of Knowledge - “We Already Regulate Pornography for Gender-Based Reasons without Acknowledging It” Chapter 1 - Regulating Pornography: Comparing the Zoning Approach and Nude Dancing Cases to Hudnut Chapter 2 - Language Games and the Zoning and Nude Dancing Cases Part II - The Legal Landscape that Acts to Exclude Knowledge Claims about Pornography Chapter 3 - Categories and Epistemic Gatekeeping in Free Speech Jurisprudence Chapter 4 - A Critique of the Content-Neutrality Principle Chapter 5 - Proving Pornography’s Harms - Where Speech Act Theory, Causality, and the Performative Fall Short Chapter 6 - Discursive Effects: A Different Framework to Understand the Harm from Speech Part III - Liberal Law and a New Theory of Harm Chapter 7 - Discursive Effects and Liberal Law Chapter 8 - Reconsidering the tension between Liberty and Equality
  • Ethical issues: pornography & obscenity
  • Freedom of expression law
  • Professional & Vocational
Height:220
Width:152
Spine:18
Weight:372.00
List Price: £30.00