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NCJRS Abstract


The document referenced below is part of the NCJRS Library collection.
To conduct further searches of the collection, visit the NCJRS Abstracts Database.

How to Obtain Documents
 
NCJ Number: NCJ 108921  
Title: Pornography and the First Amendment
Journal: Duke Law Journal  Volume:1986  Issue:4  Dated:(September 1986)  Pages:589-627
Author(s): C R Sunstein
Publication Date: 1986
Pages: 39
Type: Legislation/policy analysis
Origin: United States
Language: English
Annotation: This article discusses the problem of pornography with special attention to the nature and desirability of 'viewpoint neutrality' in first amendment adjudication.
Abstract: It is possible to defend antipornography legislation within the confines of conventional doctrine. Pornography falls within the general class of low-value expression, and the harm it produces is sufficient to justify regulation of that expression. The most troubling issue is that of viewpoint-neutrality, but other seemingly viewpoint-based restrictions are sometimes upheld by the courts when sufficient harm is present. Antipornography legislation is based on harm rather than viewpoint. To the extent that antipornography legislation might be deemed viewpoint-based, its status as such is less troubling due to the peculiar character of the method by which the pornographic 'message' is communicated. The skepticism about antipornography legislation is based on a simultaneous undervaluation of the harm pornography produces, a misapplication of conventional doctrines requiring viewpoint-neutrality, and an overvaluation of the dangers posed by generating a somewhat different category of regulable speech bound to have sOme definitional vagueness. 198 footnotes.
Main Term(s): Pornography
Index Term(s): Freedom of speech ; Violence causes
 
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/Publications/abstract.aspx?ID=108921

* A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's web site is provided.


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