ABSTRACT
This chapter explains the rationale behind child pornography laws in light of the First Amendment and describes the evolution of obscenity law. It compares the anti-pornography feminist position with the sex-positive feminist views on the legal regulation of non-obscene pornography. The Vagrancy Act of 1838 marked a turning point in English common law for the social control of printed materials by developing a legal mechanism for the suppression of sexual content distinct from the regulation of religious or political sedition and libel. When the American colonies formed their principles of free expression, they drew heavily from English traditions. Thus, early American law incorporated licensing practices and the doctrine of prior restraint, and punished licentious or scandalous speech. Today, most people define pornography as printed or visual materials containing the explicit description or display of sexual organs or sexual activity that are intended to cause sexual arousal.
