In
her article”WHEN
LAW MOVES QUICKER THAN CULTURE: KEY
JURISPRUDENTIAL
REGULATIONS SHAPING THE US ADULT
CONTENT PRODUCTION INDUSTRY
,“Dr. Chauntelle Tibbels argues that relevant legal proceedings
occurring during three eras of U.S. adult content production and
distribution show pornography’s evolution from clandestine
enterprise to legal, protected
free speech. This evolution parallels the development of an
adult
content production industry in California.
And although two recent obscenity-related
adult content production, sales, and distribution convictions
have occurred, these cases were related to exceptional material
that
violated the Cambria List guidelines.The vast majority of adult
content produced since the Miller
decision is
not obscene; consequently, in
this respect, the adult content production industry is a legal
legitimate
space working to meet consumer demands with a legal legitimate product.
“ It
is important to note that instances of anti-pornography rhetoric,
organizing, and activism occurring in wider U.S. culture are almost
endless, as are instances of discrimination
against persons currently or formerly involved in adult
content
production.”
“What
is more, one could argue that the specific cases
discussed in this essay are themselves just additional indicators of
cultural
discord related to adult content and adult content production.
The
question then remains—why? Why, in spite of its legal and protected status,
are adult content and adult content production still stigmatizing and
polarizing dimensions of U.S. culture?” Relevant
case law regarding obscenity engaged in conjunction with historical sociological
considerations of cultural attitudes about adult entertainment
point
to legal findings that outpace sociocultural evolutions Wider
U.S. culture continues to struggle with pornography;
however, in
terms of obscenity, U.S. law does not. Legal proceedings cleared the way
for adult content production and industry development, not
legislation or
voter sentiment.
“Members
of the adult entertainment community were only able to establishlegal
footholds within the context of greater U.S. culture by fighting back
when attacked, demanding First and Fourth Amendment rights.”
“ And,
in spite of continued stigma and marginalization, the adultentertainment
industry as a whole acts as a protective sentinel for every individual’s
right to free expression. “
“In
terms of adult content producers’ civil rights, however, law has
moved much more quickly than culture. Though considerations of
continued discrimination against pornography and adult content
production are extremely troubling, in a society that continues
to marginalize queer persons and the socio-economically disadvantaged (among
so many others), marginalization is not exactly surprising.”
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