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1. Libraries as represented by the ALA oppose filtering. Libraries which filter in order to preserve government funds are indeed giving in to the Man and cooperating with a moral evil--although in very many cases the lesser moral evil, i.e. it's better to give in to the Man in the short term than keep people who need information from it completely (works of mercy get in the way of social action), and this should not be read as a direct criticism of those who have to make this or other difficult decisions. Making it easier for libraries to censor should not be paraded as a moral good, however.
2. Private corporations can censor. Think of a television station--who are the people who make sure you don't say bad words on the air, even if it's cable? Yep, they're called censors. It's not a freedom of speech issue when private entities censor--or rather, it is a freedom of speech issue but not a first amendment issue, and we have don't have a right to freedom of speech from private entities. That said, private entities whose sole function is to provide people with a platform for otherwise undifferentiated communication and still engage in the curtailment of free speech within their area of control may still be engaged in a moral evil. Just because something's legal doesn't make it okay.
3. It is not illegal to make protected speech available to minors on the internet. I could be wrong about this: certainly Congress seems to be passing a new law, and the courts striking it down, every six months or so. IANAL, but my talking point is that it is not illegal, and insofar as it is illegal (which it very well may be this week) the laws making it so are unconstitutional. That's not saying much--I'm a card-carrying member of the ACLU and there are a whole lot of laws I think are (or should be) unconstitutional, and for the most part I just have to suck it up and abide by them anyway, because the battle was lost back in 1847 or something. But there's some indication that at least in previous years some courts, including the Supreme Court, have actually agreed with me on this issue. And if this is true, people engaged in certain types of moral evil cannot even have the excuse that it was legally compelled of them.
4. As said in #1, cooperating with moral evil by obeying an unconstitutional law can be absolutely necessary--morally required, even--if you are Rural Village Public Library which absolutely depends on federal funds to give poor children access to reading material. Not so much if you're a million-dollar private corporation out to make a buck. Just saying.
5. Sex being separated from other things which are "adult" (whatever that means), like having a job or caring about politics or falling in love, as something from which children need to be protected is, without a doubt, a form of misogyny, which is a moral evil.
6. I'm wondering if using the terms "NC-17" and "R" to rate fic according to sexual explicitness and other spectra is cooperating with a moral evil. It certainly isn't intended to mean "No children under 17" or "Restricted" when I use them, but that is their etymology and that meaning is out there and there is the (mostly) value-neutral alternative (if less precisely graduated, if you can get less precisely graduated than the MPAA system) "Not work safe" available. I'm thinking no--etymology isn't destiny--but it is food for thought.
2. Private corporations can censor. Think of a television station--who are the people who make sure you don't say bad words on the air, even if it's cable? Yep, they're called censors. It's not a freedom of speech issue when private entities censor--or rather, it is a freedom of speech issue but not a first amendment issue, and we have don't have a right to freedom of speech from private entities. That said, private entities whose sole function is to provide people with a platform for otherwise undifferentiated communication and still engage in the curtailment of free speech within their area of control may still be engaged in a moral evil. Just because something's legal doesn't make it okay.
3. It is not illegal to make protected speech available to minors on the internet. I could be wrong about this: certainly Congress seems to be passing a new law, and the courts striking it down, every six months or so. IANAL, but my talking point is that it is not illegal, and insofar as it is illegal (which it very well may be this week) the laws making it so are unconstitutional. That's not saying much--I'm a card-carrying member of the ACLU and there are a whole lot of laws I think are (or should be) unconstitutional, and for the most part I just have to suck it up and abide by them anyway, because the battle was lost back in 1847 or something. But there's some indication that at least in previous years some courts, including the Supreme Court, have actually agreed with me on this issue. And if this is true, people engaged in certain types of moral evil cannot even have the excuse that it was legally compelled of them.
4. As said in #1, cooperating with moral evil by obeying an unconstitutional law can be absolutely necessary--morally required, even--if you are Rural Village Public Library which absolutely depends on federal funds to give poor children access to reading material. Not so much if you're a million-dollar private corporation out to make a buck. Just saying.
5. Sex being separated from other things which are "adult" (whatever that means), like having a job or caring about politics or falling in love, as something from which children need to be protected is, without a doubt, a form of misogyny, which is a moral evil.
6. I'm wondering if using the terms "NC-17" and "R" to rate fic according to sexual explicitness and other spectra is cooperating with a moral evil. It certainly isn't intended to mean "No children under 17" or "Restricted" when I use them, but that is their etymology and that meaning is out there and there is the (mostly) value-neutral alternative (if less precisely graduated, if you can get less precisely graduated than the MPAA system) "Not work safe" available. I'm thinking no--etymology isn't destiny--but it is food for thought.
(no subject)
Date: 2007-12-01 03:19 pm (UTC)(no subject)
Date: 2007-12-01 04:46 pm (UTC)(no subject)
Date: 2007-12-01 05:40 pm (UTC)The difference between what's legal and what's moral and ethical is something a lot of people seem to forget about these days and that scares me a lot.
(no subject)
Date: 2007-12-01 07:00 pm (UTC)Agreed, and in both directions. It's worrisome when people assume the law will uphold any righteous activity, and worrisome that people will assess the righteousness of an activity based on its legality.
(no subject)
Date: 2007-12-01 07:03 pm (UTC)this whole situation.
Aw, thanks.
The difference between what's legal and what's moral and ethical is something a lot of people seem to forget about these days and that scares me a lot.
Well, it's always easier to let someone do one's thinking for oneself, as it doesn't require the courage to stand up for what one believes in.
#5
Date: 2007-12-01 05:52 pm (UTC)Re: #5
Date: 2007-12-01 06:05 pm (UTC)Or an argument along those lines.
Re: #5
Date: 2007-12-01 06:15 pm (UTC)Re: #5
Date: 2007-12-03 05:34 am (UTC)Re: #5
Date: 2007-12-03 05:37 am (UTC)I also think that 18 is an arbitrary cutoff date that is probably too high, but it's useful in that some cutoff date is necessary.
Re: #5
Date: 2007-12-03 10:44 am (UTC)Re: #5
Date: 2007-12-03 07:56 pm (UTC)And when you define sexually explicit material as porn based on the author's intent you skirt perilous territory. I have written things that people were very aroused by when I was just telling a story and wasn't particularly aroused by the sex scene (commonly this happens when my characters have kinks I don't, or like things I don't). I would define it based on a lack of characterisation and plot, myself.
Re: #5
Date: 2007-12-03 08:31 pm (UTC)I think it's more useful to define porn as something with the intent to arouse because, as you say, different people are aroused by different things. If I have a foot fetish, and I get aroused by a scene where one character rubs another's feet, that doesn't make the scene inherently pornographic. If, however, the scene was written with the intent to arouse people with foot fetishes, it's pornographic even if I don't personally find it arousing.
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Date: 2007-12-03 08:01 pm (UTC)Re: #5
Date: 2007-12-09 04:49 am (UTC)Re: #5
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From:(no subject)
Date: 2007-12-01 06:57 pm (UTC)(no subject)
Date: 2007-12-01 07:09 pm (UTC)The MPAA sent out a flurry of C&D letters a couple years ago, and there was an article in the New York Times about it, but iirc everyone agreed they had no legal case and AFAIK they haven't been heard from since on that issue. Most of the more visible targets like FF.net switched, though.
(no subject)
Date: 2007-12-01 10:20 pm (UTC)I'd be interested to hear you elaborate on your reasoning for considering anti-sex anti-woman.
(no subject)
Date: 2007-12-01 10:46 pm (UTC)I'm not sure how often we do that, though. I think we ignore a whole lot when we rate fic: how often do we see a fic with a high rating for action-adventure violence, drug/alcohol use, or curse words? It all comes down to sex.
Non-con gets rated more highly than consensual sex of equal explicitness, granted, but I'm not 100% sure there's not a coherent spectrum along which such a judgment is taking place, even if it's not as simple as mere "explicitness"--unlike the vague mishmash of continua along which the MPAA seems to be doing its rating (insofar as one can detect any rhyme or reason whatsoever).
Is there a value judgment at work here? If so, I might (at first I said I would, but you've created doubt in me) argue that it's our values, insofar as we can be said to communally hold any values as a fandom (and I think we do) that are at work, not the MPAA's. But I think the judgment might ultimately just be a practical one: noncon parent/child fic with breathplay is more likely to get you in trouble at work than vanilla fic is.
As for anti-sex=anti-woman, it's not something I'm sure I can elaborate upon further than I did for Amy above (or for Grace on the IJ mirror of this post). If we assume systemic injustic exists, it does so (I say? feminist theorists say?) by associating certain characteristics with oppressed groups and devalorizing them. So men are pure, rational, almost sexless beings, and women are icky and embodied and sexual and emotional--and if you've never heard these tropes before, I can find plenty and plenty of instances of them, but of course I can't "prove" it's systemic. It is simultaneously the case that a) these are bad things because they are stipulated to describe women, and b) women are inferior because they are characterized by these bad things. Taking part in the devaloring of traditionally female/feminine characteristics like sexuality and physicality is being partially co-opted by this system of patriarchal oppression.
And, arggh, I'm so not describing it well, but in large part it's one of those things that seem so frankly obvious to me I flail when trying to argue it.
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From:LJ: land of the sex pollen
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From:LJ: injust erasure of jocks
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From:(no subject)
Date: 2007-12-02 07:48 pm (UTC)"Not work safe" covers a much wider territory than NC-17, though. In terms of fanart, anything rated PG-13 through R through NC-17 could be NSFW depending on the workplace (in some places, just two people making out would be frowned upon, regardless of whether they're naked or not). That said, as someone who frequently websurfs in campus libraries, I appreciate cut tags and warnings for art a lot.
In terms of fic, how about something like "Contains Explicit Sex", which is essentially what NC-17 is used to mean?
(no subject)
Date: 2007-12-02 08:24 pm (UTC)That could be either a bug or a feature, and I'm not sure which. On the one hand, ratings are sort of like spoilers (although less so than warnings); on the other hand, they are fairly useful in deciding whether to read fic or not.
But yes, if we want to keep the rating structure basically the same while avoiding the implication that the purpose is to protect children from the truth about their own bodies, "Explicit" could be a good choice.
(no subject)
Date: 2007-12-02 09:14 pm (UTC)I think it is, and I've decided I really hate them--they're bad (and sloppy enough) for film, but the sliding of film to text leaves us all saying things that we wouldn't, I think, "really" say if we meant it, i.e. that people under 17, or 14, shouldn't be allowed to READ certain stuff. As a marker for commercial film, yes, fine, maybe; it's also harder to just walk out of a film than it is to put a book down, i.e. if you're in over your head in a movie theatre, it's not the same as getting in over your head in a book, because reading is a participatory act to a greater extent than watching a film is. But I'm really against this metaphor we've decided on that says this is appropriate for text.
(no subject)
Date: 2007-12-02 09:25 pm (UTC)(no subject)
Date: 2007-12-02 09:23 pm (UTC)(no subject)
Date: 2007-12-02 09:39 pm (UTC)I knew #5 would be controversial when I wrote it, but there really isn't any doubt in my mind that it's true.