Pornography in the United States

Source: Wikipedia, the free encyclopedia.

A blonde haired woman wearing a pink pantyand black miniskirt is seated onto an office desk. She seductively tugs on a man's shirt, who is standing between her thighs. In the foreground a second woman sits and photographs them, beside her is a stage light pointed towards the couple.
On the set of a pornographic film

Pornography has existed since the origins of the United States, and has become more readily accessible in the 21st century. Advanced by technological development, it has gone from a hard-to-find "back alley" item, beginning in 1969 with Blue Movie by Andy Warhol, the Golden Age of Porn (1969–1984) and home video, to being more available in the country and later, starting in the 1990s, readily accessible to nearly anyone with a computer or other device connected to the Internet. The U.S. has no current plans to block explicit content from children and adolescents, as many other countries have planned or proceeded to do.

Attempts made to suppress it include: outright bans, prohibitions of its sale, censorship or rating schemes that restrict audience numbers, and claims that it is prostitution and thereby subject to regulations governing prostitution. Legal decisions affecting production and consumption of pornography include those relating to its definition, its relationship with prostitution, the definition of obscenity, rulings about personal possession of pornography, and its standing in relation to freedom of expression rights.

American advocates for pornography often cite the First Amendment to the United States Constitution, which guarantees freedom of speech; however, under the Miller test established by Miller v. California, anything lacking "serious literary, artistic, political, or scientific value" is generally not protected. Several studies have found that the United States has been the largest producer of pornography.[1][2][3]

History

Further information: Sexuality in the United States

Although pornography dates back thousands of years, its existence in the U.S. can be traced to its 18th-century origins and the influx of foreign trade and immigrants. By the end of the 18th century,

Puritanical and more relaxed attitudes toward human sexuality
, the amount of available visual pornography increased.

In 1880, halftone printing was used to reproduce photographs inexpensively for the first time.[6] The invention of halftone printing took pornography and erotica in new directions at the beginning of the 20th century. The new printing processes allowed photographic images to be reproduced easily in black and white.

The first porn

Lumière brothers the first porn film was made soon after the public exhibition of their creation. Pornographic film production commenced almost immediately after the invention of the motion picture in 1895. Two of the earliest pioneers were Eugène Pirou and Albert Kirchner. Kirchner directed the earliest surviving pornographic film for Pirou under the trade name "Léar". The 1896 film, Le Coucher de la Marie showed Louise Willy performing a striptease. Pirou's film inspired a genre of risqué French films showing women disrobing and other filmmakers realized profits could be made from such films.[7][8] In the United States, one of the Thomas Edison's first efforts using his methods and equipment for making moving pictures was of a nude woman getting up from her bath tub and running away.[9]

Pornographic retail in Duluth, Minnesota (1978)

In the 20th century, the era of

adult theaters in the United States, and many other countries, developed. There was also a proliferation of coin-operated "movie booths" in sex shops that displayed pornographic "loops" (so called because they projected a movie from film arranged in a continuous loop).[10]

By 1982, pornographic film production had switched to the cheaper and more convenient medium of video tape. Many film directors were hesitant to switch because of the different image quality that video tape produced. Those who did make the change benefited from greater profits since consumers preferred the new format. This change moved the films out of the theaters and into people's private homes. This was the end of the age of big budget productions and the beginning of the mainstreaming of pornography. It soon went back to its earthy roots and expanded to cover every fetish possible since video production was inexpensive. Instead of hundreds of pornographic films being made each year, thousands of videos were including compilations of just the sex scenes from various titles.[11][12]

In the late 1990s, pornographic films were distributed on DVD. These offered better quality picture and sound than the previous video format and allowed innovations such as "interactive" videos that let users choose such variables as multiple camera angles, multiple endings and computer-only DVD content.

The introduction and widespread availability of the Internet further changed the way pornography was distributed. Previously videos would be rented or purchased through mail-order, but with the Internet people could watch pornographic movies on their computers, and instead of waiting weeks for an order to arrive, a movie could be downloaded within minutes (or, later, within a few seconds).

As of the 2000s, there were hundreds of adult film companies, releasing tens of thousands of productions, recorded directly on video, with minimal sets. Of late, web-cams and web-cam recordings are again expanding the market. Thousands of pornographic actors work in front of the camera to satisfy pornography consumers' demand while often making money per view.

By the 2010s, the fortunes of the pornography industry had changed. With reliably profitable DVD sales being largely supplanted by streaming media delivery over the Internet, competition from pirate, amateur, and low-cost professional content on the Internet had made the industry substantially less profitable, leading to it shrinking in size.[13][14]

Publication

Print

American

female genitals into objets d'art. It's a body, not a surface or a suntan: insistently material, defiantly vulgar, corporeal".[15]

Many adult magazines in the United States are usually sold wrapped to avoid incidental viewing by

minors and are now highlighted by special features or themes. For instance, a primarily softcore magazine, Barely Legal, focuses on models between 18 and 23 years of age. Hustler's Leg World is focused on the female legs and feet. Perfect 10 publishes images of women untouched by plastic surgery
or airbrushing.

Pornographic bookstores have been subject to U.S.

zoning laws.[16]

Movies and pay-per-view

See also: History of erotic depictions and Nudity in American television

Much of the pornography produced in the United States is in the form of movies and the branch acutely competes with the Internet. The market is very diverse and ranges from the mainstream

gay porn
.

Early American

U.S. Department of Justice
, throughout the 1970s, Sturman controlled most of the pornography circulating in the country.

The country now houses over 40 adult movies studios featuring heterosexual scenes,

NASDAQ since November 2000), is one of the two adult video companies traded publicly, the other one being Spanish Private Media Group
.

The industry's decision to embrace

Sony Betamax, despite the latter format's superior quality. Video rentals soared from just under 80 million in 1985 to half-billion by 1993.[20] Suffering at the hands of video warez tended not be publicly stressed by country's film industry.[21] In 1999 there were 711 million rentals of hardcore films.[22]
11,300 hardcore films were released in 2002.

Ron Jeremy and Stormy Daniels in March 2007

In the recent years, according to Fishbein, there are well over 800 million rentals of adult videotapes and

DVDs in video stores across the country. Digital Playground said it is choosing the Blu-ray Disc for all of its "interactive" films because of its greater capacity.[23]

The female demographic is considered to be the biggest catalyst for pornographic cultural crossover.[24] According to Adella O'Neal, a Digital Playground publicist, in 2000 roughly 9% of the company's consumers were women while four years later that figure has bloomed to 53%.

American adult pay-per-view television is presently unregulated since it is not technically "broadcasting" as defined in the

United States v. Playboy Entertainment Group case Playboy bought all three networks from Vivid in 2001 and folded them into "Playboy's Spice" brand. Operators then shunned "Playboy's Spice Platinum", a new group of channels with graphic hardcore fare.[25]

Some

News Corporation's DirecTV. Comcast, the nation's largest cable company, once pulled in $50 million from adult programming. Revenues of companies such as Playboy and Hustler were small by comparison.[26]

Video games and comics

Wal-Mart, America's largest distributor of video games, maintains the policy of selling no games with an AO rating.[27] However, in recent years the pornographic content in video games has been promoted particularly by Playboy. Playboy: The Mansion became the first game built around the "Playboy" license.[28]

A downloadable

Gameshark cheating device, the scene could be unlocked portraying the protagonist having sex with another character, although in the scene both characters have their clothes on. The game was later sold without the unlockable scene.[29]

PlayStation 2 video game God of War (2005), based on Greek mythology, features an event in the first part of the game where protagonist Kratos can have sex with two topless prostitutes, who reside in a bedroom on his boat. Although no sexual acts are depicted (they occur off-screen and are indicated by sound effects), the women are shown topless. The player interacts by performing button and joystick commands that appear on screen which results in an experience reward for the player. This type of sex mini-game became a prominent feature for the God of War series, being included in its sequels God of War II (2007), God of War: Chains of Olympus (2008), God of War III (2010), and God of War: Ghost of Sparta (2010), with the latter being the final game to feature it.[30]

The adult sections of American comic book stores frequently carry a large number of translations of Japanese hardcore comics, as well as an increasing number of home imitations.[31]

One of the Japanese

Urotsukidoji. The adult animation market exists primarily through direct sales: mail-order to customers, and wholesale to specialty shops which cater to animation and to comic-book fans.[32] The legal framework in both countries regarding the regulation of obscene and pornographic material is overall rather similar.[33]

Internet

The Internet maintains a significant part of American adult entertainment, also because the 1997 Reno v. American Civil Liberties Union case specified that the term "indecent" has no specific legal meaning in the context of the Internet. More recent federal efforts, such as the CAN-SPAM Act of 2003 expressly addressed the Internet.[34] On May 1, 2000, American Express announced it would no longer cover transactions from adult sites.[35][36] According to the committee to Study Tools and Strategies for Protecting Kids from Pornography and Their Applicability to Other Inappropriate Internet Content, there are over 100,000 subscription sites with adult content in the United States, with each site having multiple web pages. On average, a paid subscription generates $20 to $40 per month in revenue, however, an in-depth analysis is complicated. If a visitor site connects to a pay site and signs up for content, it receives a conversion fee from the larger site. A successful large operation is often an umbrella company serving many markets with pay sites. Around this core and its affiliates is a system of ad-supported service sites.[37] The so-called portable porn market is in its initial stage in the U.S.[38]

In 2000 the owners and operators of Playgirl.com and scores of other adult sites were charged by the

U.S. Federal Trade Commission with illegally billing thousands of consumers for services that were advertised as free, and for billing other consumers who never visited the web sites at all.[39] Nevadan Voice Media Incorporated, which ran several adult sites, was also charged by the commission. Sites often suffer from unauthorized, non-paying surfers who use stolen passwords, which can use month's worth of bandwidth in a day, costing the site operator hundreds or thousands of dollars' worth of additional bandwidth fees, all for traffic that returns no money at all.[40] The 2002 Paragon Electric Co., Inc. v. Buy This Domain case ruled that linking domain names to pornographic sites is not per se conclusive of bad-faith registration and use, although it does raise that presumption.[41]

A common occurrence was the use of domain names similar to known ones, such as whitehouse.com (unrelated to whitehouse.gov), which for some period featured explicit content.[42] The use of expired domains is also common, along with typosquatting, which relies on mistakes such as typos made by Internet users when inputting a website address into a web browser.[43]

Economics

In 1975, the total retail value of all the

web sites, in-room hotel movies, phone sex, sex toys, and magazines) mention the $2.6–3.9 billion figure (without the cellphone component). USA Today claimed in 2003 that websites such as Danni's Hard Drive and Cybererotica.com generated $2 billion in revenue in that year, which was allegedly about 10% of the overall domestic porn market at the time.[48] The adult movies income (from sale and rent) was once estimated by AVN Publications
at $4.3 billion but how this figure was determined is unclear. According to the 2001 Forbes data the annual income distribution is like this:

Adult video $500 million to $1.8 billion
Internet $1 billion
Magazines $1 billion
Pay-per-view $128 million
Cellphones $30 million[49]

The Online Journalism Review, published by the

Hilton, Marriott, Hyatt, Sheraton, and Holiday Inn hotel chains purchased adult movies, contributing to 70% of in-room profits. The income of cellphone porn is low, when compared with other countries. The absence of V-chip-style parental controls on other equipment has obviated the need for American consumers to use cellphones to access explicit content.[49]

Legality

Further information:
U.S. Government Commissions on pornography
See also:
Legal status of Internet pornography and Public interest

The definition of pornography in the U.S. evolved through decades, from the 1960s. In this period, recognizing ambiguities, the term "sexually explicit content" gained use as one of the pornography's

erotic behavior designed to cause sexual excitement").[53] Black's Law Dictionary followed the Miller test and defined pornography as material that taken as a whole the average person, applying contemporary community standards, would find appealing to the prurient interest. Heinle's Newbury House Dictionary of American English
(2003) defined pornography as "obscene writings, pictures, or films intended to arouse sexual desire".

The

California v. Freeman (1988) and People v. Paulino (2005).) The Oregon Supreme Court went even further in State v. Henry
(1987) by abolishing the legal definition of obscenity in that state, ruling it violated freedom of speech as defined in the state constitution.

Pornography as a legal term at the

child pornography",[55][b] has not existed since the 1973 Miller v. California case.[56][57][c] The United States Supreme Court in Miller v. California[58] held that one type of pornography, namely obscenity, does not enjoy First Amendment protection, but recognized that individual communities had different values and opinions on obscenity. The Court defines obscenity in accordance with the Miller test.[59][60] Since then several states have enacted laws that apply that test.[61][d] Relying on the 1930 Smoot–Hawley Tariff Act and under the terms "obscene" and "immoral", the U.S. Customs and Border Protection prohibits the importation of any pornographic material (19 U.S.C. § 1305a "Immoral articles; importation prohibited").[62]

Pornography as prostitution

Attempts were made in the United States in the 1970s to close down the pornography industry by prosecuting those in the industry on

United States Supreme Court making the decision binding in California, where most pornographic films are made today.[10]

Origin of term

The term "pornography" first appeared in an 1857 British

American Dictionary of the English Language
in its early editions. The dictionary introduced the entry in 1864, defining it primarily as a "treatment of, or a treatise on, the subject of prostitutes or prostitution". Early charges used the term "obscenity" as well as after Miller v. California, though the term "pornography" remained as a reference entry:

Source Definition
Merriam-Webster's Dictionary
of Law		 "Material that depicts erotic behavior and is intended to cause sexual excitement"
West's Encyclopedia of American Law "The representation in books, magazines, photographs, films, and other media of scenes of sexual behavior that are erotic or lewd and are designed to arouse sexual interest"; "the depiction of sexual behavior that is intended to arouse sexual excitement in its audience"

The censorship of pornographic materials in the United States was enabled by the way courts interpreted the

James Lee Rankin (in office 1956–1961),[69] but in Jacobellis v. Ohio Stewart concluded that criminal obscenity laws are constitutionally limited under the First and Fourteenth Amendments to hardcore pornography.[70] Concurring in the 1957 Roth v. United States Justice John Marshall Harlan II
wrote that "even assuming that pornography cannot be deemed ever to cause, in an immediate sense, criminal sexual conduct, other interests within the proper cognizance of the States may be protected by the prohibition placed on such materials."

The 1967

John Roberts told at the confirmation hearing on his nomination: "Well, Senator, it's my understanding under the Supreme Court's doctrine that pornographic expression is not protected to the same extent at least as political and core speech, and the difficulty that the Court has addressed in these different areas of course is always defining what is or is not pornography and what is entitled to protection under the First Amendment and what is not".[76]

The famous Indianapolis definition of pornography by Dworkin and MacKinnon paralleled their Minneapolis ordinance. The first was rejected by the United States Court of Appeals for the Seventh Circuit for several reasons. The ordinance did not use any of the accepted terms that the Supreme Court had developed over time for determining when material is obscene, including "prurient interest", "offensiveness", or "local community standards".[77] Another concern was the way the women were depicted in the work. If women were referred to in the approved fashion stressing equality, the activity involved would be regardless of how sexually explicit it was.[77] The Court also indicated that if women were referred to in a disapproving way depicting them as subversive or as enjoying humiliation, the activity would be unlawful regardless of the "literary, artistic or political qualities of the work taken as a whole".[77] Judge Frank Easterbrook said: "We accept the premises of this legislation. Depictions of subordination tend to perpetuate subordination. The subordinate status of women in turn leads to affront and lower pay at work, insult and injury at home, battery and rape on the streets.... Yet this simply demonstrates the power of pornography as speech."[78] Conceptions of Democracy in American Constitutional Argument: The Case of Pornography Regulation by Frank Michelman, issued by Tennessee Law Review (vol. 56, no. 291, 1989) partially consented that "pornography is political expression in that it promulgates a certain view of women's natures and thus of women's appropriate relations and treatment in society", but also concluded that the Indianapolis ordinance was precisely designed to suppress that particular view by censoring pornography. Minneapolis ordinance was struck down on the grounds that it was ambiguous and vague, however, despite its failure the proposal influenced other communities across the United States.[77]

In May 2005

FBI Adult Obscenity Squad[80] was recruited in August 2005 to gather evidence against "manufacturers and purveyors" of adult pornography.[81]

Child pornography

Main articles:
Legal status of cartoon pornography depicting minors § United States

The 1970 Lockhart Commission recommended eliminating all criminal penalties for pornography except for pornographic depictions of minors, or sale of pornography to minors.

Child Protection and Obscenity Enforcement Act of 1988 all models featured in pornographic content should be at least 18 years of age. This kind of material is often labeled as "adult" and the appropriate disclaimers are common. They are based on what "depicts or describes, in terms patently offensive as measured by contemporary community standards, sexual or excretory activities or organs".[86]

Acts and attempted acts pertaining to child pornography became generally unlawful at the federal level in 1984, with the passage of the Child Protection Act, and have largely remained such ever since.[87] It is a federal crime to possess, distribute, or produce non-fictional child pornography and carries large fines and prison sentences of up to 30 years upon conviction and requirement to register as a sex offender.[88] Digitally produced child pornography is also unlawful, provided that the material is practically indistinguishable from child pornography.[89]

President Reagan's Remarks at the Signing Ceremony of the Child Protection Act on May 21, 1984

Animal crush fetish pornography

Animal crush fetish pornography was the second form of pornography, other than child pornography, to become unlawful at federal level. This prohibition was first enacted into law on December 3, 1999.[90] However, over ten years later, that initial law was found unconstitutional in United States v. Stevens (2010).[91] In response, Congress passed the Animal Crush Video Prohibition Act of 2010.[92] The Animal Crush Video Prohibition Act of 2010 merely made the distribution of animal crush fetish pornography illegal, but not the underlying acts of animal cruelty depicted. In 2019, the PACT Act amended the existing statute and made the underlying acts unlawful.[93]

Video voyeurism pornography

Video voyeurism was the third form of pornography, other than child pornography and animal crush fetish pornography, to become categorically unlawful at the federal level. It became federally illegal in the United States with the passage of the Video Voyeurism Prevention Act of 2004.[94]

Revenge pornography

private right of action was established to enable the victims of revenge pornography to seek redress for the damage sustained as a result.[96]

Anti-pornography movement

Main article: Anti-pornography movement in the United States

An

Congress, to appoint a commission to study pornography.[98]
The anti-pornography movement seeks to maintain or restore restrictions and to increase or create restrictions on the production, sale or dissemination of pornography.

Morality in Media, which was created in 1962 to fight pornography. Morality in Media was launched by an interfaith group of clergy and Hill was president until his death in 1985. Morality in Media continues with Patrick A. Trueman, a registered federal lobbyist,[99][100] as president.[101]

So prominent was Hill on the issue, that in 1969 President Lyndon B. Johnson appointed him to the President's Commission on Obscenity and Pornography. Father Hill and another clergyman on the commission, Dr. Winfrey C. Link, believed that the commission was stacked with supporters of loosening laws on pornography, and issued the Hill-Link Minority Report rebutting the conclusions of the majority report, which held that pornography should be decriminalized as there were no links between it and criminal behavior. The majority report was widely criticized and rejected by Congress.[98] The Senate rejected the commission's findings and recommendations by a 60–5 vote, with 34 abstentions.[102] President Nixon, who had succeeded Johnson in 1969, also emphatically rejected the majority report.[103] The Hill-Link Minority Report, on the other hand, which recommended maintaining anti-obscenity statutes, was read into the record of both the United States Senate and the United States House of Representatives. It was cited by the Burger Court in its 1973 obscenity decisions, including Miller v. California.[104]

See also

Notes

a

Burger wrote: "We categorically disapprove the theory, apparently adopted by the trial judge, that obscene, pornographic films acquire constitutional immunity from state regulation simply because they are exhibited for consenting adults only. This holding was properly rejected by the Georgia Supreme Court."[107] Miller v. California
held 5–4 that the state may outlaw the showing of hardcore pornographic films, even if the "adult theatre" is clearly labeled and warns.

b. ^ Sex tourism involving persons under 18 outside the U.S. is also illegal.[108]

c.

dial-a-porn" was used at the federal level e.g. by the Telecommunications Act of 1996,[109] but it was partially voided by federal courts over subsequent years.[110] Another term usage includes the 1996 Denver Area Educational Telecommunications Consortium v. Federal Communications Commission certiorari to the Court of Appeals for the District of Columbia Circuit.[111]

d ^ The transportation of pornography in interstate commerce was banned in the 1973 case of United States v. Orito. The Supreme Court upheld zoning restrictions that either quarantine or disperse pornography merchants, leaving it to local officials to determine whether local interests are best served by restricting all porn merchants to a single district. Though the Court has also upheld zoning that prohibits pornographic entertainment within a certain distance of a school, the legitimate primary purpose excludes the preventing of access by minors which can be achieved much more directly by simple restrictions.[112] On May 13, 2002, writing for the majority in Ashcroft v. American Civil Liberties Union, Justice Clarence Thomas stated that using community standards to identify material that could be harmful to minors does not make the law overly broad and therefore unconstitutional under the First Amendment.[113]

e ^ Utah uses the legal term "pornography" for the same illegal sexually explicit material.[114]

f ^ See also the 1977 Splawn v. California and 1978 Pinkus v. United States.

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Further reading

External links
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