Judicial System

A detailed Summary of Judicial System

Women in this country have been a part of violence for an enormous amount of time. This violence includes pornography, rape, and even domestic violence. The United States judicial system has intervened into the so-called private sphere and eradicated women in society, providing precedent and even updating statutes as well as other types of legislation. Without intervention women may still have no rights as human beings and the victims of much worse violence. Not to say that the violence that comes about is not extremely painful and an obscene amount of torture for women, but without our judicial system to minimize some of these violent acts would be in total chausses. Throughout these acts of violence women are treated as animals, beaten, slaughtered, and killed eventually. For some, this may seem unthinkable and unrealistic but pornography, rape, and domestic violence does just this. These women who sell their bodies through porn usually-not all- have unusual childhood backgrounds. These backgrounds include, molestation, rape, incest, are penetrated with objects as children, sold for child porn by their parent or parents, being tortured through every moment of their lives. When these women grow up into adults what

Although there are exceptions to every rule, depending on the type of porn and in what manner it is presented or acted out determines how violent it is perceived. According to Andrea Dworkin, "Words alone, words and pictures, moving or still, creates systematic harm to women in the form of discrimination and physical hurt." Although this may be true there are some women who have actually chosen this profession for pleasure and enjoy this type of industry. As we know pornography is legal and is considered freedom of speech, written in the 1st Amendment of the Constitution. There are two levels of speech, speech and non-speech. The courts recognize "speech" as being protected and hold it to the highest level of scrutiny, but as for "non-speech" rational basis is implemented. Unprotected speech consists of "fighting words." Also obscenity is unprotected speech. The whole reason we protect speech is part of us and therefore recognized as knowledge. Pornography has been considered as speech unless children are involved. In Roth vs. US (1957) obscene material is considered appealing to prurient interest. The Modern Standard of Obscenity basically says that if there is something as a whole, for example, a good novel with bestiality, which would not be considered obscene because it is considered whole. Andrea Dworkin and Catherine McKinnon tried to break down t he porn industry by passing a Modern Anti-Porn Law. This law was to establish a civil law so if someone is injured they could sue the porn director. This law was never passed. Porn is an industry where women are placed in subordinate places often and are treated badly. Dworkin thinks of porn as violence and not speech, therefore is totally against the whole industry. There are always two sides to every story and this is definitely one. Women of this country should be allowed to make their own decisions and our 1st Amendment right lets women do that.

kind of life are they expected to have? A loving family, a college education, and a respectable profession? Or no education, broken family, and for them to fall into the same profession their parents taught them? These women don't und

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Approximate Word count = 1446
Approximate Pages = 6 (250 words per page double spaced)

Category: Politics