ABSTRACT

"Standard" obscenity is the name the author will give to that understanding of obscenity and its constitutional status in which the Supreme Court has invested the greatest portion of its labors. The Court means merely that it sees no need to second-guess legislative balancing of harms in the regulation of obscenity per se. The objection may anticipate to changing the Ferber doctrine in such a way as to protect adults along with children is, of course, that children cannot meaningfully consent to their own commercial debasement and abuse—but that adults can. A great deal of testimony from other victims of sexual violence is also discussed: from wives abused by their husbands, young women abused by their dates, and so forth. The model ordinance begins with a statement of policy in which it characterizes pornography as "sex discrimination," a "systematic practice of exploitation and subordination based on sex that differentially harms women.