Pornography is defined by Webster's Lexicon dictionary as obscene literature, photographs, paintings, etc., intended to cause sexual excitement. Is the acceptance of pornography in our society a question of free speech and expression? Or is it an outright defamation of women?.
According to an anti-pornography feminist, Catherine A. MacKinnon, "The law of equality and the law of freedom of speech are on a collision course in this country. Until this moment, the constitutional doctrine of free speech has developed without taking equality seriously - either the problem of social inequality or the mandate of substantive legal equality." (MacKinnon 71) On the other hand, there is the opinion held by many that "If the First Amendment means anything, it means that a State has no business telling a man, sitting alone in his own home, what books he may read, or what films he may watch." (Mason 420).
In order to decide whether or not pornography is protected by the Constitution, the rights granted by the First and Fourteenth Amendments must be discussed. The First Amendment protects freedom of speech and the press, but what exactly does this cover? Freedom of speech allows one to express their opinions either through spoken words, body language, pictures, forms of art, etc. Freedom of press allows these opinions, as well as facts or other types of material, to be made public through either television, newspaper, magazine, radio, etc. .
The constitution does not have any set guidelines to control pornography. Pornography is a form of sexual expression, just as an action movie with Stallone is an expression of violence seen through a director's point of view. No one is forced to buy pornographic magazines or watch pornographic movies. It is a choice. The constitution is the reason we have this choice, and banning pornography would be the beginning of a censorship that would decrease our first amendment rights drastically.
