[net.legal] Commission on Pornography -- *sigh*

edhall@randvax.UUCP (Ed Hall) (09/23/86)

Some open questions to Mark T.:

Your opponents generally seem to feel that the Meese Commission Report
is biased, and was undertaken with a specific outcome in mind.  Since
I consider Ed Meese to be only slightly more liberal than Atila The
Hun, and since several commissioners already where on record as having
strong opinions on pornography (all against!), I find the accusation
of bias a reasonable one.  It seemed very, very clear that great pains
were being taken not to make the same ``mistakes'' that Nixon did
fourteen years ago.

You've done little to rebutt this charge of bias.  I think you need to
do so--going back to the politics which generated the commission and
the way they discharged their mission--before you continue to use it
in your anti-pornography arguments.  Why rely on this report to
buttress your arguments when the people you're arguing against don't
support it as a source of unbiased information?

More to the point: where are your other sources?  Surely there are
many out there--some of which support a benign view on pornography.
Look them up, study them, see where the logical fallacies and
statistical inaccuracies lie.  Certainly there have been studies since
the Nixon era that support a viewpoint contrary to the Meese
Commission.  Where are they wrong?  You can't claim to have an open
mind on the subject until you've done some digging for opinions
different than your own.

[Yes, I've read up on the anti-pornography side, from Meese to Dworkin
to Linda Lovelace.  I've got better things to do with my time than
read an entire rambling thousand-plus page report, though.  Besides,
most porn really isn't to my taste, and the pages and pages of
explicit plot summaries in the report--have YOU read them?--are
nothing but porn in themselves.  Funny that they'd do that--you don't
see the government handing out cocaine just so people can see how bad
it is!]

Remember that two commissioners--two women!--publically repudiated
many of the findings of the male majority, claiming the majority had
no factual basis to support said findings.  Have you investigated
this?  Have you read the Nixon-era report?  Have you visited adult
bookstores and moviehouses so you can see with your own eyes just what
it is you're talking about?  [I've not an extensive amount of
experience here, but my suspicion is that the S&M-laced stuff the
Meese Commission concentrated on is pretty uncommon, and that scenes
of domination feature women in the dominant role as often as men.]

One final comment: the discussion seems to be degenerating into a
religious argument (and anything based upon American Protestant Ethics
is a religious argument at core).  Consider that some of the most
sexually explicit paintings and writings of other cultures come from a
religious base.  Consider also that one of the most productive
industrial nations on Earth--Japan--has one of the lowest rates of sex
crimes yet consumes enormous amounts of often violent pornography.  We
consume less, condemn it far more, yet rate number one in terms of sex
crimes.  The reasons for this difference are doubtless complex, as is
the issue of pornography--far, far more complex than the Meese
Commission ever considered, which is why I dismiss its findings as
superficial propaganda and seek the truth elsewhere.

		-Ed Hall
		decvax!randvax!edhall

mat@mtx5a.UUCP (m.terribile) (10/01/86)

> Some open questions to Mark T.:
> 
> Your opponents generally seem to feel that the Meese Commission Report
> is biased, and was undertaken with a specific outcome in mind.  Since
> I consider Ed Meese to be only slightly more liberal than Atila The
> Hun, and since several commissioners already where on record as having
> strong opinions on pornography (all against!), I find the accusation
> of bias a reasonable one.  It seemed very, very clear that great pains
> were being taken not to make the same ``mistakes'' that Nixon did
> fourteen years ago.

As I've said, it *IS* clear that a number of the Commissioners were aware
of real harms that they associated -- rightly or wrongly -- with either the
production, consumption, or distribution of certain sexually explicit
materials.  On the other hand, I also think that, given the difficulties
involved, they made a compelling case that *some* of the harms do stem, if
not from the material itself, then from the manners and circumstances in
which it is produced and distributed, and maybe consumed.

As far as the 1970 Commission: do you disagree with the assertion that the
circumstances surrounding that statement are no longer true?  How do you
feel about the British and Canadian Commissions, which found at least the
possibility of harm?

As far as outcomes being predetermined: if the Commission was set up with
as right-wing, righteous, and bible-thumping an agenda as some seem to feel,
it obviously failed, indicating that it felt that there should be *no*
restrictions on the ``written word'' (so long as it is non-pedophilic) and
deploring the shoddy state of current research, relying as little as possible
on it.  (and then you cry that the Commission didn't use scientific methods!)

And why the lengthy discussions about just what *constitutes* pornography
(as opposed to erotica as opposed to ... )?  Evidently there must have been
a majority which felt (perhaps on rational grounds, perhaps on simple personal
bias ...) that *not* all such material is harmful, or indecent, or whatever
grounds one might have for condemning it, and that it was important to
*not* condemn that material.

> You've done little to rebutt this charge of bias.  I think you need to
> do so--going back to the politics which generated the commission and
> the way they discharged their mission--before you continue to use it
> in your anti-pornography arguments.  Why rely on this report to
> buttress your arguments when the people you're arguing against don't
> support it as a source of unbiased information?

Because I think that we've got a constructive discussion going.  Even if we
don't agree on the things that are in that Report, we are getting things
aired, and apparently it is worth the while of the folk engaged in the
discussion to engage in it.

And *yes*, I *am* interested in what Adam has to say, and I've had to do
some thinking to see where he and I really do agree, and at what point the
disagreement begins.  (Obviously we expect to see different results when
certain hypothetical studies are done; obviously I take a conservative view
in many ways; but the differences are more subtle than that ...)

> [Yes, I've read up on the anti-pornography side, from Meese to Dworkin
> to Linda Lovelace.  I've got better things to do with my time than
> read an entire rambling thousand-plus page report, though.  Besides,
> most porn really isn't to my taste, and the pages and pages of
> explicit plot summaries in the report--have YOU read them?--are
> nothing but porn in themselves.  Funny that they'd do that--you don't
> see the government handing out cocaine just so people can see how bad
> it is!]

The ``pages and pages'' are one small section of the report; unfortunately
it *would* be improper to issue a report without an attempt to show what
they were talking about.

I agree that the prose of the report could be tauter; could you have done
better under the same circumstances?  (Never mind, I know that you wouldn't
have bothered.)

> Remember that two commissioners--two women!--publically repudiated
> many of the findings of the male majority, claiming the majority had
> no factual basis to support said findings.  Have you investigated
> this?  Have you read the Nixon-era report?  Have you visited adult
> bookstores and moviehouses so you can see with your own eyes just what
> it is you're talking about?  [I've not an extensive amount of
> experience here, but my suspicion is that the S&M-laced stuff the
> Meese Commission concentrated on is pretty uncommon, and that scenes
> of domination feature women in the dominant role as often as men.]

I've been trying for six days to get the time to type those dissenting
sections in.  I think that you'll find that the essence of the dissent
(which involved 3 statements by 3 Commissioners in combination) wasn't
quite as simple as that.  The strongest statement was a basic anti-censorship
statement which acknowledged the possibility of harms.

And the Commission itself (shall I find the page?) wrote that they could not
be certain how representative the stuff was.  On the other hand, it *was*
representative of the things that some of them had seen in their work with
individuals who *were* harmed as a (possibly indirect) result of *someone's*
*production*, *consumption*, or *distribution* of explicit material.

In this case, it may be argued (and I suspect it is the case) that much of
the stuff they surveyed was *exactly* representative of the material that
is associated with harms, and *not* representative of the material that most
of the consumers here are familiar with.  And if *that* is the case, maybe
we *can* find a place to draw lines between material that is involved in
patterns of harm, and the material that people here are into.

And maybe it isn't the case.  But we ought to try to get around to that
question; we've nibbled at it a few times, but never really taken a bite
out of it.

> One final comment: the discussion seems to be degenerating into a
> religious argument (and anything based upon American Protestant Ethics
> is a religious argument at core). ...

If you are arguing that it is either unreasonable or improper for a society
to at least *display* (if not entirely hold to) a minimal set of common mores,
then I wonder how you define a society or a culture?

> ...  Consider that some of the most
> sexually explicit paintings and writings of other cultures come from a
> religious base....

But *not* photographs of people actually doing it, nor video depictions.
Perhaps there is no difference; somehow I don't buy it.  By presenting these
depictions, are we not in some way violating the very notions of sexual
privacy that are so often argued on this group?  Perhaps not.  As a matter
of personal opinion (to keep this from growing any longer) I think we are.

>  ... .  Consider also that one of the most productive
> industrial nations on Earth--Japan--has one of the lowest rates of sex
> crimes yet consumes enormous amounts of often violent pornography.  We
> consume less, condemn it far more, yet rate number one in terms of sex
> crimes. ...

Didn't someone recently point out that sexual violence often goes unreported
in Japan and is a *big* problem?

> ...  The reasons for this difference are doubtless complex, as is
> the issue of pornography--far, far more complex than the Meese
> Commission ever considered, which is why I dismiss its findings as
> superficial propaganda and seek the truth elsewhere.

I will agree that the phenomona are complex, and that we will probably
never understand them all.  I will argue that in the face of certain harms to
an admittedly small class of individuals, by an admittedly small and abnormal
group of offenders, it is not acceptable to throw up our hands and say ``I
don't understand'' and not try remedies whose chance of harm is very small
indeed, whose chance of at least partial and temporary success is fairly
good, while trying to better understand what is happening so that we
can both repair current damage and prevent future damage.
-- 

	from Mole End			Mark Terribile
		(scrape .. dig )	mtx5b!mat
					(Please mail to mtx5b!mat, NOT mtx5a!
						mat, or to mtx5a!mtx5b!mat)
					(mtx5b!mole-end!mat will also reach me)
    ,..      .,,       ,,,   ..,***_*.

nolan@lll-crg.ARpA (Matt Nolan) (10/08/86)

	Survey Time.

	How many peole are reading Porn Commission related articles?
        How many people "n" them?

	I didn't even start reading them because they seem so long.  Now
I feel I am missing out, because there are many postings.  Are people
argueing with each other back and forth or are new points being discussed?
Suppose I were to start reading them, can someone post what has been discussed,
like a summary article?  Also, are there particular people who you recommend
to read as opposed to not reading at all?

	Nolan, Matt

gsmith@brahms.BERKELEY.EDU (Gene Ward Smith) (10/09/86)

In article <1587@mtx5a.UUCP> mat@mtx5a.UUCP (m.terribile) writes:

>As far as outcomes being predetermined: if the Commission was set up with
>as right-wing, righteous, and bible-thumping an agenda as some seem to feel,
>it obviously failed, indicating that it felt that there should be *no*
>restrictions on the ``written word'' (so long as it is non-pedophilic) and
>deploring the shoddy state of current research, relying as little as possible
>on it.

    What is the basis for this recommendation? It seems to me that the
compelling argument against pedophile material is that it must of
necessity involve the exploitation of children. This is not the case
for "the written word", or for drawings. On what basis would one allow
written depictions of rape, torture of unwilling victims, mutilation
and mayhem, but not of sex with ten year olds? One does not, after all
(or at least *I* do not) wish to even call into question the legality
of Lolita or the pedophilitic poetry in the Greek Anthology (i.e., if
someone wants to translate it, it should undoubtedly be legal, since
the Marquis de Sade would be).

   Another question is what sort of visual depictions are being outlawed.
Does "Show Me" count? I read it was popular pedophile material, but it's
just pictures of naked kids. Practically family photo album stuff!

ucbvax!brahms!gsmith    Gene Ward Smith/UCB Math Dept/Berkeley CA 94720
          "There are no differences but differences of degree 
            between degrees of difference and no difference"                                

rodrique@hplabs.UUCP (Mike Rodriquez) (10/10/86)

I don't generally read any articles where the first page is
all quotes, and/or the percentage read after one page is less than
25%.....just don't have the time or interest.
Mike
(ps, as a backbone SA, I am beginning to wonder whether I have
the money to spend on shipping these articles around.)