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Home Sweet Pornographic Home?
Governmental Discourse and Womenâs Paths to Pornography
On August 22, 1996, President Clinton signed a âwelfare reformâ bill that effectively eliminates the federal guarantee of cash assistance for the countryâs poorest children, saving the U.S. government $55 billion over six years. The bill abolished Aid to Families with Dependent Children, which, according to the New York Times, provides monthly cash benefits to 12.8 million people, including 8 million children (Pear, A10). It established a lifetime limit of five years on welfare payments to any family and required most adults to work within two years of receiving aid. In a little reported but telling provision, the bill mandated that mothers who refuse to divulge the identity of their childrenâs fathers will immediately have their aid withdrawn.
Critics were quick to condemn the bill for punishing children for the sins of their mothers. No one, however, at least in the mainstream debates, took objection to the demonization of single motherhood and the implication, sometimes overtly stated, that âillegitimacyâ has caused a whole series of social problems. As William Bennett proclaimed, âIllegitimacy is Americaâs most serious social problemâ (16). This polemic was central to the political discourse on welfare reform, from conservative guru Charles Murrayâs December 1994 broadside in Commentary to Clintonâs decision to sign the bill. In urging passage of the bill, Senator Phil Gramm of Texas lamented the fact that âWhen we started the current welfare program, two-parent families were the norm in poor families in America. Today two-parent families are the exception. When we started the current welfare program, the illegitimacy rate was roughly one quarter of what it is today.â For Gramm, fathers are the victims of the welfare system, mothers the manipulative benefactors: âOur current welfare program has failed. It has driven fathers out of the householdâ (Pear, A10).
Similarly, in Charles Murrayâs analysis of welfare mothers in the United States, their sexuality, expressed outside marriage, indicates a degree of agency that must be dissipated by containment within a traditionally gendered marital relationship. How to achieve this containment? Cut off their financial resources and force them to find a husband. Better yet, start earlier, with fathers who run a properly patriarchal household. Letâs not make this complex, says Murray; the answer to the rise of babies born âout of wedlockâ is not âsex education, counseling, and the likeâ; change will occur only when âyoung people have had it drummed into their heads from their earliest memories that having a baby without a husband entails awful consequences.â He adds, âSubtle moral reasoning is not the response that works. âMy father would kill meâ is the kind of response that worksâ (31). In this manner, the single mother is hypothetically recontained within a nuclear family, a sexuality deemed too mobile is reined in, and a simple answer to a complex social issue is proposed: marriage in the family values tradition.
The welfare repeal law was one of a series of governmental acts in the election year 1996 that showed just how narrow the attempt to define âfamily valuesâ has become, at least in Washington. Republican presidential candidate Bob Dole took swipes at Hollywood for its violence and lack of sexual standards,1 echoing then vice president Dan Quayleâs 1992 attack on the television show Murphy Brown, when Candice Bergenâs character decided to become a single mother, flouting, said Quayle, the importance of fatherhood.2 In the summer of 1996 the U.S. Congress passed the Defense of Marriage Act, which defined marriage as the union between one man and one woman; Clinton signed it into law in September. Again, âaberrantâ sexuality was blamed for the âdemise of civilization.â The billâs author, Representative Bob Barr, a Republican from Georgia, said the act was needed because âthe flames of hedonism, the flames of narcissism, the flames of self-centered morality are licking at the very foundation of our society, the family unitâ (qtd. in Jerry Gray, A8). With Clinton staying just one degree to the left of Dole, election year 1996 had become an exercise in scapegoating sexuality and gender in lieu of taking on a series of complex social issues. Rather than addressing issues like poverty, inner-city joblessness, racism, violence, and education inequities, Congress and the president saw fit to blame single mothers and same-sex marriages and reassert the importance of a traditionally configured, heterosexual family.
Governmental attempts to regulate pornography must be situated within the political context of the policing of sexuality for the sake of a mythical set of family values. The same legislators who vote to eliminate welfare proclaim their concern for women and children in hyperbolic debate about pornography on the Internet. By juxtaposing the welfare debate with the pornography debate, we can understand some of the hypocrisy of governmental policy: women are dangerous sexual agents when they take money from the state yet, according to reports like those issued by the Meese Commission, helpless sexual victims in a society saturated by pornography. These governmental positions legitimate the withdrawal of necessary and humane funding and substitute a much less costly rhetoric about the evils of pornography. Both, in different ways, work to limit womenâs sexual freedom. An effective politics of pornography, as I argue in my introduction, must not answer the governmental strategy by inflating the importance of pornography as a transgressive text, the common retort of prosexuality feminists; rather, access to and consumption of erotica and pornography must be situated in relation to womenâs everyday lives, as only one of the many elements that potentially constitute part of their everyday routines.
Much governmental discourse on pornography in the last twenty years has sought to use the âproblemâ of pornography to reinstate certain norms about what constitutes a healthy sexuality and a proper family. The fact that pornography consumption has increasingly become concentrated in the home, moving from the more public and regulatable spheres of adult theaters and bookstores to computers, cable television, and home video recorders has made it easier, in certain respects, for government to claim that pornography threatens the sanctity of the home and the innocence of its (young/female) inhabitants. In the first part of this chapter, I trace the gradual shifting of governmental prosecution of porn from its presence in relatively public spaces to its circulation via technologies within the home. Governmental reports like the one issued by the Meese Commission, congressional regulation of cable, and attempted policing of the Internet combine to set up a model of domesticity that demonizes pornography in several ways. According to this model, pornography is consumed by men who are likely to mimic its purportedly violent and objectifying representations of women; the porn industry literally oppresses women; and women who consume pornography either are forced to do so or, if they claim to like it, are victims of false consciousness who need to be educated about their proper sexuality. We must understand this governmental discourse in order to effectively formulate a politics of pornography that reclaims the home as a site where women can consume pornographyâif they so chooseârather than abdicating it as a site of conservative regulation. The study of pornography in relation to domesticity is thus important at two levels: as a strategic way of analyzing the methods through which patriarchal institutions attempt to use pornography in order to recontain female sexuality and as a practical inquiry into the material realities of pornography consumption for women.
Reclaiming the home means making it a site where women can consume pornography that they like without feeling guilty about its relationship to their other roles within the home. This involves asking questions about womenâs movements, both within and outside the home: Where can women find pornography or erotica? Why might they consider it inimical to the home? Do they feel comfortable and safe buying it in locations outside their homes, or through technologies inside their homes? How do womenâs other activitiesâwork, household chores, child care, leisure activitiesâaffect their abilities to consume pornography? And how are the home and relations within the home redefined through these movements? Does the governmental demonization and regulation of pornography make it easier for women to access erotica? The effects of this regulation, except in the case of direct prosecutions of obscenity, are often hard to gauge, in part because the consumption of pornography via cable, video, and computer technology in the home is a much more difficult and complicated act to regulate than the public display of sex that characterizes adult theaters and strip bars. Governmental discourse shapes local consumption in a highly mediated but nevertheless material way, dependent on a series of other facilitating and restrictive factors that occur at the local level. In the conclusion to this chapter, I consider how the different governmental attempts to regulate porn converge with local efforts to police public displays of sex in my community of Champaign-Urbana, Illinois.
Pornography and the Struggle for Access
Throughout the twentieth century in the United States, attempts to regulate pornography across a number of spheresâlegal, medical, governmental, antipornography feministâhave often been undertaken in the name of protecting a class of victims most threatened by pornographyâs presence. Regulation intends to protect these victims from access to pornography by preventing its circulation in the places where those victims are assumed to reside. Usually there is a strict dichotomy between the public sphere perpetratorsâproducers, disseminators, and users of pornâand their private sphere victimsâwomen and children who are connected to the sanctity of the home. With the exception of some historical periods of relative deregulation of pornography, we can say that from the Comstock laws of the early twentieth century through the latest debates on Internet pornography, regulators have tried to pinpoint pornographyâs victims and define them as virtually powerless against a growing tide of increasingly violent and harmful pornography. The state, in various manifestations, thus becomes the agent, authorized to protect pornographyâs victims by preventing them from exposure to the harmful texts as well as to limit pornographyâs use by potential âvictimizersâ who supposedly imitate the texts.
These private/public debates point toâwithout often developingâthe importance of access: that is, we must consider the history of pornography in this country as not only a battle over representation but also a battle for access to the specific spaces where those representations occur. The feminist struggle for access to public sphere representation is so critical because for much of this century, court rulings, other governmental proceedings, and the pornography industries have worked, in different but often overlapping ways, to limit access to pornography to men. Yet, as I argued in the introduction, too often the feminist arguments on pornography operate at a similarly general level, leaving intact reductive notions of public and private spaces and thus failing to analyze the material conditions that constrict and enable womenâs access to pornography.
Great Britain established the legal precedent for protection of the private sphere with the passage of its first anti-obscenity legislation in 1857, the Obscene Publications Act; it sought to protect young middle-class women whose pornography consisted of the romantic novel. In 1868 the famous Regina v. Hicklin case, which was to become the basis of much early U.S. obscenity law, arose from similar concerns.3 In it, Lord Chief Justice Cockburn remarked, âThis work, I am told, is sold at the corners of the streets, and in all directions, and of course, it falls into the hands of the persons of all classes, young and old, and the minds of the hitherto pure are exposed to the danger of contamination and pollution from the impurity it containsâ (qtd. in Kendrick, 122). As Walter Kendrick notes, Cockburnâs concern was that the text in question circulated not among gentlemen in private but in the streets. Much pornography in late nineteenth-century Britain was circulated only among upper-class bibliophiles who amassed private collections that never drew the attention of the courts or the public because of their limited circulation and high price (Kendrick, 77).
In the United States, circulation of sex-related materials through the mail in the late nineteenth century provided the grist for the zealous mill of Anthony Comstock, the Post Office special agent who for forty-three years enforced an 1873 lawâwhich quickly became known as the Comstock lawâprohibiting distribution of any âobscene, lewd, lascivious book, pamphlet, picture, paper, print or other publication of an indecent character, or any article or thing designed or intended for the prevention of conception or procuring of abortionâ (qtd. in Kendrick, 134). As Lauren Berlant describes it, Comstock âinstalled this regime of anxiety and textual terror by invoking the image of youth, and in particular, the stipulated standard of the little girl whose morals, mind, acts, body, and identity would certainly be corrupted by contact with adult immoralityâ (388). This standard figured heavily in court decisions on obscenity for much of the twentieth century and continues to haunt governmental commissions like the 1986 Attorney Generalâs Commission on Pornography and the 1995 Communications Decency Act.
The pornography that did circulate during and after the Comstock days was the stag film, the predecessor to the modern hard-core narrative. These illegally made, silent, one-reel films were often enjoyed privately by groups of men, providing what Linda Williams describes in Hard Core as a kind of male bonding experience that was narratively structured so as to create the need for the fulfillment of sexual desire in other venues, such as prostitution. Stag films were often shown in brothels in Europe and in exclusive male clubs in the United States, to which prostitutes were often invited. The circulation of the stag films thus limited womenâs access to pornography at several levelsâtheir illicit production, their private showings, and their association with prostitution.
Court cases in the first half of this centuryâeven those that are hailed for their recognition that certain (literary) works should be freed from regulationâimplicitly denied women the right to consume sexually explicit material. For example, legal scholar Edward de Grazia hails the 1933 decision freeing James Joyceâs Ulysses as the first step toward loosening the courtsâ dependence on the standard of the little girl. De Grazia says that Judge John M. Woolsey fashioned a new legal rule to replace Hicklin: âUlysses should not be judged by a tendency that novel might have to corrupt the morals of young girls, but rather by the effect on the judge himselfâand two friends, whom he privately consultedâ (de Grazia, xxi). When Joyceâs novel failed to arouse these three gentlemen, Woolsey ruled in favor of the novel; de Grazia writes that âthe capacity to arouse lust in the âaverage personâ now became the prevailing American legal test of whether literature ought to be suppressed for being âobsceneââ (xxi). De Grazia fails to note, however, the gendered nature of the ruling; women, presumably, did not figure as âaverageâ people who consumed potentially pornographic texts but rather, still, as their potential victims.
Making Pornography a âHousehold Wordâ
In the first half of this century pornography circulated in mainly private, male-defined venues and was associated with illicit sex. Several events in the 1950s indicated a gradual acceptance of certain kinds of pornography and also of more sexually explicit films that were not called pornography. The 1953 Kinsey report focused attention on the sexual needs of American women; mainstream cinema, according to Richard Dyer, became increasingly explicit in its treatment of sex (26). Marilyn Monroe appeared as the first nude centerfold in the first issue of Playboy, also in 1953. Playboyâs philosophy, one Monroe helped to foster, was to present female sexuality as healthy and natural, in the form of the âgirl next door,â as I discuss more in chapter 6. The emphasis on sexuality as a âhealthyâ part of life would dominate much of the discourse that legitimated it throughout the 1960s; it was a characterization broad enough to encompass even the most hard-core pornography. By 1972, argues Linda Williams, âhardcore pornography had become a household wordâ (Hard Core 99).
Beginning with the 1957 Supreme Court case United States v. Roth and continuing into the 1960s, U.S. courts gradually freed all but the most âhard-coreâ of pornographic materials. Although the court upheld the conviction of Samuel Roth for mailing a magazine containing nude pictures and erotic stories, Supreme Court Justice William Brennan ruled that only material âutterly without redeeming social importanceâ could be declared obscene. De Grazia argues that Brennanâs ruling âproduced a significant crack in the countryâs century-old obscenity lawâ; during the next decade it became very difficult for prosecutors to prove that a literary, artistic, or social text was âutterly without redeeming social importance.â In fact, de Grazia notes, during the decade following the Roth decision, all kinds of sexually explicit texts were freed, from previously banned novels like Lady Chatterleyâs Lover to âblatantly pornographic pulp literatureâ (323â24). In 1964 the Supreme Court furthered the defense of literary and artistic expression in decisions, authored by Brennan, concerning Henry Millerâs Tropic of Cancer and Louis Malleâs film The Lovers. Lower federal and state courts âobediently put the Brennan doctrine to work in reversing obscenity findings in book, film, and magazine censorship cases throughout the countryâ (de Grazia, 431).
This period of relative deregulation was not without its own set of norms; most obviously, the courts continued to preserve a categoryâthe obsceneâthat, bereft of social value, does potentially cause harm to its victims, usually posited as victims of men who consume pornography. Also, the process of proving that a work âas a wholeâ does have âredeeming social valueâ and that it does not appeal to âprurient interestsââall defining characteristics of obscenity that emerge from this periodâcontinued to uphold aesthetic distinctions between the erotic and the pornographic, or between hard-core and soft-core. As Hunter et al. note, and as I elaborate in the next two chapters, this aesthetic distinction sets in motion a process of self-disciplining, emphasizing âindividualsâ ability to mediate and order their own sexual interests and to balance the excitations of erotica with an aesthetic appreciation of the work as a wholeâ (211). The courts thus established a balance âbetween self-management and legal policingâ (Hunter et al., 211). Although the figure of the little girl is not as predominant as it is in either earlier or later juridico-governmental decisions, the need to protect a class of victims from hard-core pornographyâs users and the need to prove oneâs own maturity, standing outside the class of users, remain.
However, there was increasing recognition in the 1960s and 1970s that women could join the class of consumers of erotica and even pornography. This is particularly clear in the 1970 Report of the Commission on Obscenity and Pornography, known also as the Lockhart report, which emphasized the rights of adults to purchase and consume whatever sexually explicit material they desire: âIn general outline, the Commission recommends that federal, state, and local legislation should not seek to interfere with the rights of adults who wish to do so to read, obtain or view explicit sexual materialsâ (U.S. Commission on Obscenity, 57). As Hunter et al. note, the arguments in the report are based on a problematic, liberal belief in the rational powers of an individual who is abstracted from particular conditions of ongoing regulation and disciplinization of desire. Nevertheless, the reportâs insistence that government not interfere with adultsâ rights to consume pornography represented a critical move away from the juridical characterization of (male) pornography consumers as infantile. In fact, said the report, the regulation of pornography actually creates impediments to a society that perceives sex in a healthy manner because it becomes the âscapegoat for Americansâ confusion and ambivalence about sexualityâ (311). The report recommended that rather than attempting to regulate pornographyââan inferior source of information about sexual behaviorâ (312)âthe country should devote itself to a massive sex education program, aiming to achieve âan acceptance of sex as a normal and natural part of life and of oneself as a sexual beingâ (54). In contrast to the Meese Commission and the Internet debates...