Name Instructor Date Contrast between Sanders’ Definition of Pornography with the Supreme Court’s Definition Pornography has been a contentious issue in many societies, some disregarding it completely while others seemingly have a soft spot…
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On the other hand, the opponents have stood firm to criticize it with the argument that freedom of expression is limited and is not guaranteed on aspects that ruin people’s morality. Some feminists have also criticised it on grounds of propagating gender violence and stereotyping. Sanders’ definition of pornography is vastly different from the Supreme Court’s definition. Sanders defines pornography as turning of the human body into a commodity that can be sold and be used in transactions like other goods in the market. He further mentions that the act separates the body from the self (Sanders105). The definition of obscenity according to the United States laws emanates from Hicklin standard that was later embraced by the Supreme Court. In the case, Rosen versus United States, it became apparent that the Supreme Court had adopted the definition of obscenity to comprise any material that has potential to corrupt minds that are open to such immoral influences, it further bound the individual whose hands the material may be found (Blue 79). The law depicted some inconsistencies with Sanders’ definition. The test was found inappropriate and the Supreme Court had to adopt the Roth test for obscenity. The Roth test was a slight milestone to the definition of pornography. Despite the effort, no harmony is evident with the sanders’ definition. ...
The Supreme Court has no concrete definition of pornography since it does not have a law that limits on its own. However, the justice system has adopted the law of obscenity. This law leaves many gray areas that provide an enabling environment for pornography in the society. Justice Stewart is well remembered for his stand on obscenity when he reckoned that “I know it when I see it” (Blue 80). This brings much controversy since different individuals will exhibit different opinions, therefore lacking a standardised way of dealing with such crimes. Pornography issues have been dealt with a lot of disparity. Sander makes it clear that the act of engaging in trade with human bodies has no bounds. In 1968, the Supreme Court suspended the viewing of sexual content by children but upheld their viewing by adults. In a landmark ruling made in the case of Butler versus Michigan in1957, it was established that the adults should not be stooped too low and be categorised similarly as children ( National Academies 6). This type of variable obscenity creates not only amoral crisis but also a constitutional crisis, since the bill of rights gives an equal regard for all citizens. The major setback to such a ruling is the inability to distinguish the consumer of the sexual content given that children can access the same media that is used by adults. The thoughts raised by Sanders in his definition can be universally accepted. This is because they encourage morality, respect for human rights and dignity as well as the need to protect self from being tarnished by the shameful acts of pornography. In real terms, the focus of the supreme on promoting responsible social behaviour is limited and very inconsistent. The fact that the Supreme Court has a leeway to
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