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

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.

List of contents

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

About the author

Lynn Mills Eckert is associate professor of political science at Marist College.

Summary

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.

Product details

• Authors: Lynn Mills Eckert
• Publisher: Lexington Books
• Languages: English
• Product format: Paperback / Softback
• Released: 31.12.2022
• EAN: 9781498572620
• ISBN: 978-1-4985-7262-0
• No. of pages: 244
• Subjects: Humanities, art, music > Philosophy > General, dictionaries; Social sciences, law, business > Sociology > Sociological theories; PHILOSOPHY / Epistemology, LAW / Science & Technology, SOCIAL SCIENCE / Feminism & Feminist Theory, SOCIAL SCIENCE / Pornography, Epistemology, Political control and freedoms, Ethical issues and debates, Ethical Issues: Pornography & Obscenity, Freedom Of Information & Freedom Of Speech, Freedom of expression law