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How do you know if something is child pornography? Well, it's easy. You just look at it. If it's porn, you can tell! Actually, it all depends on how you look at it. As Amy Adler says, you just need to use "the 'pedophile gaze'"! Funny, though. If you DO use "the pedophile gaze" then darned near EVERYTHING becomes child porn... Amy Adler has written a lot about pornography and the law. If you're interested, you could read about it. Below are links to some of her articles. For a full list of her publications, see: Amy Adler--Emily Kempin Professor of Law https://its.law.nyu.edu/facultyprofiles/index.cfm?fuseaction=profile.publications&personid=19731 INVERTING THE FIRST AMENDMENT -- AMY ADLER 2001 https://core.ac.uk/download/pdf/189004512.pdf ABSTRACT: Focuses on the United States child pornography law in the context of the First Amendment. Impact of social crisis on the First Amendment; Origins of child pornography law; Social crisis related to child sexual abuse; Definition of child pornography; Implications of child pornography law for free speech. The Perverse Law of Child Pornography by Amy Adler Abstract In this article, Professor Adler argues that child pornography law, intended to protect children from sexual exploitation, threatens to reinforce the very problem it attacks. The article begins with a historical claim: our culture has become preoccupied with child sexual abuse and child pornography in a way that it did not used to be. The article traces the rapid development of child pornography law, showing that a cultural transformation in our notion of childhood sexual vulnerability has coincided with the birth and dramatic expansion of the law. Professor Adler then introduces various causal accounts of this chronological correlation between the regulation of child pornography and the growing crisis of child sexual abuse. First, she explores the possibility that the burgeoning law of child pornography may invite its own violation through a dialectic of taboo and transgression. She then presents another reading of the relationship between child pornography law and culture: the law may unwittingly perpetuate and escalate the sexual representation of children that it seeks to constrain. In this view, the legal tool that we designed to liberate children from sexual abuse threatens us all, by constructing a world in which we are enthralled---anguished, enticed, bombarded---by the spectacle of the sexual child. DOWNLOAD: https://pismin.com/10.2307/1123799 All porn, all the time Abstract This piece, an introduction to the "Symposium on Problems of Censorship in a New Technological Age", starts with a controversial assertion: In the escalating war against pornography, pornography has already won. I begin by exploring pornography's newfound cultural dominance. I then ask what this change in our cultural landscape means for legal regulation. The Symposium focuses on three significant fronts in the war on pornography: attempts to restrict the online environment in the name of protecting minors; the battle against child pornography; and the ongoing and indeed escalating prosecution of obscenity. This introduction argues that we should look at these three doctrinal areas against the larger backdrop I paint of pornography's new and central role in our culture. Rather than viewing each area in isolation, I suggest that we picture these three doctrines as alternate weapons in the government's arsenal as it fights a larger, losing war against pornography. This perspective reveals the porous nature of doctrinal boundaries in actual practice. In particular, this perspective illuminates otherwise puzzling developments in obscenity law. Ten years ago, obscenity law seemed to be in its death throes, a doctrine largely abandoned by prosecutors. Yet obscenity law has begun to stage a dramatic and surprising comeback. I submit that its resurgence can only be fully understood by viewing obscenity law as one front in a larger and more complicated war. Ultimately, this broader perspective not only sheds light on changes within obscenity law, but also suggests a more complex take on each battle line in the government's campaign against pornography: free speech victories in one area may lead to defeats in another. DOWNLOAD: https://socialchangenyu.com/wp-content/uploads/2017/12/Amy-Adler_RLSC_31.4.pdf "To Catch a Predator," 21 Colum. J. Gender & L. 130 (2012) ABSTRACT: In the last two decades, a new term - “sexual predator” - has arisen to describe criminals who commit sexual offenses against children. We used to refer to such offenders as “pedophiles” or perhaps “child molesters.” First emerging in the 1990s, the word “predator” has become a term of art in legal regulation and a mainstay in media reports and in the popular imagination. Yet since the term “predator” first emerged in legal discourse, its meaning has expanded and mutated to include a broadening array of sex criminals. In this interdisciplinary paper, I explore the wildly popular – and controversial - television series called “To Catch A Predator” that played a dramatic role in shaping the category of “predator” in the popular imagination, in public policy and in law. My argument is that the show’s invocation of the category of “predator” both constituted and destabilized that category in surprising ways that have shaped the legal discourse on child predation. DOWNLOAD: https://its.law.nyu.edu/faculty/profiles/representiveFiles/AAdler%20-ToCatchaPredator_06E61B44-DDD0-CF3C-1527C1F713E9721C.pdf AND SEE CHAPTERS IN: Refining Child Pornography: Law Crime, Language, and Social Consequences University of Michigan Press, Law, Meaning, and Violence, 2016 Carissa Byrne Hessick (ed.) Description: The legal definition of child pornography is, at best, unclear. In part because of this ambiguity and in part because of the nature of the crime itself, the prosecution and sentencing of perpetrators, the protection of and restitution for victims, and the means for preventing repeat offenses are deeply controversial. In Refining Child Pornography Law, experts in law, sociology, and social work examine child pornography law and its consequences in an effort to clarify the questions and begin to formulate answers. Focusing on the roles of language and crime definition, the contributors discuss the increasing visibility child pornography plays in the national conversation about child safety, and present a range of views regarding the punishment of those who produce, distribute, and possess materials that may be considered child pornography.[...] Amy Adler may not approve of us, but she'll go to great lengths to defend our rights. M. That's something, isn't it? Refining child pornography law : crime, language, and social consequences / edited by Carissa Byrne Hessick https://annas-archive.li/search?index=&page=1&q=Refining+child+pornography+law+%3A+crime%2C+language%2C+and+social+consequences+Carissa+Byrne+Hessick [@nonymouse] [Guardster] [Proxify] [Anonymisierungsdienst] |