Social concerns are often expressed through different forms of media and literature, including pornography. Sexual messages are engrained within the media around us on a daily basis, however pornography is a more amped up version that what is seen by the average public media viewer. As consumers many feel that we have become so use to sexual explicit material that often we no longer even acknowledge it, however for some pornography is sinful and immoral. Freedom of Speech cases can sometimes be difficult to determine in a legal sense, as they must be analyzed on a case by case basis (Sanders, 2009). Strict scrutiny applies to the prohibition of fundamental rights. In order for this process to take place there must be compelling evidence that this expression is harmful to society (Spalding,2012). By using the IRAC Formula, on can better analyze legal situations like this one. IRAC stands for Issue, Rule, Analysis, and Conclusion.
The truth is something that is very subjective to each person, and can be clouded by opinions and social influence, literature and media gives people a chance to analyze issues and come to their own conclusion based on a multitude of information available. What is considered an “art form” is subjective to the viewer’s interpretation. What one might find pleasing or inspiring another might find ugly or even offensive. In order for the something to be banned or censored one would have to prove (with very compelling evidence) that it was in deed harmful to society (Sanders,2009). One would have to prove that the pornography contributed to an increase in sexual deviance, this would be very difficult to do as there may be many other factors that contribute as well (Spalding,2012).
In conclusion, I do not believe that there is enough rational evidence for the censorship of freedom of speech in this case. Perhaps the most important right we have as Americans is our ability to vigilantly assert our political rights and civic responsibilities, this includes freedom of speech!
Works Cited:
Sanders, MJ. (2009) "Is America Becoming More Unequal?." Socyberty. Retrieved from:<http://socyberty.com/economics/is-america-becoming-more-unequal-2/2/>.
Spalding, M. (2012) "What Makes America Exceptional ." Renewing American Leadership. Retrieved from:<http://www.torenewamerica.com/what-makes-america-exceptional>.
