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I can't define pornography, one judge once famously said, but I know it when I see it. (Justice Stewart in Jacobellis v. Ohio 378 US 184 (1964).) Can we do better?

The word pornography comes from the Greek for writing about prostitutes. However, the etymology of the term is not much of a guide to its current usage, since many of the things commonly called pornography nowadays are neither literally written nor literally about prostitutes.

Here is a first, simple definition. Pornography is any material (either pictures or words) that is sexually explicit. This definition of pornography may pick out different types of material in different contexts, since what is viewed as sexually explicit can vary from culture to culture and over time. Sexually explicit functions as a kind of indexical term, picking out different features depending on what has certain effects or breaks certain taboos in different contexts and cultures. Displays of women's uncovered ankles count as sexually explicit in some cultures, but not in most western cultures nowadays (although they once did: the display of a female ankle in Victorian times was regarded as most risqu). There may be borderline cases too: do displays of bared breasts still count as sexually explicit in various contemporary western cultures? However, some material seems clearly to count as sexually explicit in many contexts today: in particular, audio, written or visual representations of sexual acts (e.g., sexual intercourse, oral sex) and exposed body parts (e.g., the vagina, anus and penis-especially the erect penis).

Within the general class of sexually explicit material, there is great variety in content. For example, some sexually explicit material depicts women, and sometimes men, in postures of sexual display (e.g., Playboy centrefolds). Some depicts non-violent sexual acts (both homosexual and heterosexual) between adults who are portrayed as equal and consenting participants. Other sexually explicit representations depict acts of violent coercion: people being whipped, beaten, bound, tortured, mutilated, raped and even killed. Some sexually explicit material may be degrading, without necessarily being overtly violent. This material depicts people (most often women) in positions of servility and subordination in their sexual relations with others, or engaged in sexual acts that many people would regard as humiliating. Some sexually explicit material involves or depicts children. Some portrays bestiality and necrophilia; and so on.

On the first definition of pornography as sexually explicit material, all such material would count as pornography, insofar as it is sexually explicit. But this simple definition is not quite right. Anatomy textbooks for medical students are sexually explicit-they depict exposed genitalia, for example-but are rarely, if ever, viewed as pornography. Sexual explicitness may be a necessary condition for material to count as pornographic, but it does not seem to be sufficient. So something needs to be added to the simple definition. What else might be required?

Here is a second definition. Pornography is sexually explicit material (verbal or pictorial) that is primarily designed to produce sexual arousal in viewers. This definition is better: it deals with the problem of anatomy textbooks and the like. Indeed, this definition is one that is frequently employed (or presupposed) in discussions of pornography and censorship. (See e.g., Williams 1981.) Of course, it is important to distinguish here between sexually explicit material that is wholly or primarily designed to produce sexual arousal (i.e., whose only or overriding aim is to produce sexual arousal) and material whose aim is to do this in order to make some other artistic or political point. The film, Last Tango in Paris arguably aims to arouse audiences, but this is not its primary aim. It does so in order to make a broader political point.

It is sometimes assumed that pornography, in this second sense, is published and consumed by a small and marginalized minority. But, while exact estimates of the size and profitability of the international trade in pornography vary somewhat, it is generally agreed that the pornography industry is a massive international enterprise, with a multi-billion dollar annual turnover. In 2003, the pornography industry (taken to include adult videos, magazines, Cable/Pay per view, Internet and CD-Rom) is estimated to have grossed US$34 billion world-wide; and in excess of $8 billion in the U.S. alone, greater than the combined revenue of ABC, CBS, and NBC ($6.2. billion). (See Internet Filter Review: Internet Pornography Statistics in Other Internet Resources.) Pornography is much more widely consumed than is sometimes supposed, and is a large and extremely profitable international industry.

However, the term pornography is often used with an additional normative force that the first and second definitions leave out. When many people describe something (e.g., a book such as Tropic of Capricorn or a film such as Baise Moi)as pornographic, they seem to be doing more than simply dispassionately describing its sexually explicit content or the intentions of its producers-indeed, in these debates, the intentions of producers are sometimes treated as irrelevant to the work's status as pornography. They seem to be saying, in addition, that it is bad-and perhaps also that its badness is not redeemed by other artistic, literary, or political merit the work may possess. (Consider, for example, how people use the term visual pornography to condemn certain sorts of art or television, often when the material is not even sexually explicit).

This suggests a third definition: pornography is sexually explicit material designed to produce sexual arousal in consumers that is bad in a certain way. This definition of pornography makes it analytically true that pornography is bad: by definition, material that is not bad in the relevant way is not pornography. It might be that all and only sexually explicit material is bad in a certain way (e.g., obscene): in which case, pornography will refer to all and only the class of sexually explicit materials. But it might be that only some sexually explicit material is objectionable (e.g., degrading to women), in which case only the bad subset of sexually explicit material will count as pornography. And, of course, it is possible that no sexually explicit material is bad in the relevant way (e.g., harmful to women), in which case we would have an error theory about pornography: there would be no pornography, so defined, merely harmless, sexually explicit erotica.

A number of approaches define pornography as sexually explicit material that is badalthough they disagree as to the relevant source of its badness, and consequently about what material is pornographic. A particularly dominant approach has been to define pornography in terms of obscenity. (For critical discussions of this approach see Schauer 1982, Feinberg 1987, MacKinnon 1987.) The obscenity might be taken to be intrinsic to the content of the material itself (for example, that it depicts deviant sexual acts that are immoral in themselves) or it may lie in contingent effects that the material has (for example, that it tends to offend reasonable people, or to deprave and corrupt viewers, or to erode traditional family and religious values). If all sexually explicit material is obscene by whichever of these standards is chosen, then all sexually explicit material will be pornography on this definition. This is the definition of pornography that moral conservatives typically favour.

Continued here:
Pornography and Censorship (Stanford Encyclopedia of ...

Censorship in Turkey is regulated by domestic and international legislation, the latter taking precedence over domestic law, according to Article 90 ("Ratification of International Treaties") of the Constitution (so amended in 2004).[1] Despite the protections presented in article 90, Turkey ranked 138 in the Reporters Without Borders' 2010 Annual Worldwide Press Freedom Index.[2] In 2011-2012 Turkey ranked 148 out of 169 countries in the Reporters Without Borders list. In 2012 the Committee to Protect Journalist (CPJ) ranked Turkey as the worst journalist jailer in the world (ahead of Iran and China), with 49 journalists sitting in jail.[3] Twitter's 2014 Transparency Report showed that Turkey filed over five times more content removal requests to Twitter than any other country in the second half of 2014.[4]

Within the framework of negotiations with the European Union, the EU has requested that Turkey issue various legal reforms in order to improve freedom of expression and press.[when?]

Regional censorship predates the establishment of the Republic of Turkey. On 15 February 1857, the Ottoman Empire issued law governing printing houses ("Basmahane Nizamnamesi"); books first had to be shown to the governor, who forwarded them to commission for education ("Maarif Meclisi") and the police. If no objection was made, the Sultanate would then inspect them. Without censure from the Sultan books could not be legally issued.[5] On 24 July 1908, at the beginning of the Second Constitutional Era, censorship was lifted; however, newspapers publishing stories that were deemed a danger to interior or exterior State security were closed.[5] Between 1909 and 1913 four journalists were killedHasan Fehmi, Ahmet Samim, Zeki Bey, and Hasan Tahsin (Silah).[6]

Following the Turkish War of Independence, the Sheikh Said rebellion was used as pretext for implementing martial law ("Takrir-i Skun Yasas") on March 4, 1925; newspapers, including Tevhid-i Efkar, Sebl Reat, Aydnlk, Resimli Ay, and Vatan, were closed and several journalists arrested and tried at the Independence Courts.[5]

During World War II (19391945) many newspapers were ordered shut, including the dailies Cumhuriyet (5 times, for 5 months and 9 days), Tan (7 times, for 2 months and 13 days), and Vatan (9 times, for 7 months and 24 day).[5]

When the Democratic Party under Adnan Menderes came to power in 1950, censorship entered a new phase. The Press Law changed, sentences and fines were increased. Several newspapers were ordered shut, including the dailies Ulus (unlimited ban), Hrriyet, Tercman, and Hergn (two weeks each). In April 1960, a so-called investigation commission ("Tahkikat Komisyonu") was established by the Grand National Assembly of Turkey. It was given the power to confiscate publications, close papers and printing houses. Anyone not following the decisions of the commission were subject to imprisonment, between one and three years.[5]

Freedom of speech was heavily restricted after the 1980 military coup headed by General Kenan Evren. During the 1980s and 1990s, broaching the topics of secularism, minority rights (in particular the Kurdish issue), and the role of the military in politics risked reprisal.[7][7]

Article 8 of the Anti-Terror Law (Law 3713), slightly amended in 1995 and later repealed,[8] imposed three-year prison sentences for "separatist propaganda." Despite its name, the Anti-Terror Law punished many non-violent offences.[7]Pacifists have been imprisoned under Article 8. For example, publisher Fatih Tas was prosecuted in 2002 under Article 8 at Istanbul State Security Court for translating and publishing writings by Noam Chomsky, summarizing the history of human rights violations in southeast Turkey; he was acquitted, however, in February 2002.[7] Prominent female publisher Ayse Nur Zarakolu, who was described by the New York Times as "[o]ne of the most relentless challengers to Turkey's press laws", was imprisoned under Article 8 four times.[9][10]

Since 2011, the AKP government has increased restrictions on freedom of speech, freedom of the press and internet use,[11] and television content,[12] as well as the right to free assembly.[13] It has also developed links with media groups, and used administrative and legal measures (including, in one case, a $2.5 billion tax fine) against critical media groups and critical journalists: "over the last decade the AKP has built an informal, powerful, coalition of party-affiliated businessmen and media outlets whose livelihoods depend on the political order that Erdogan is constructing. Those who resist do so at their own risk."[14]

Turkeys Journalists Union estimated that at least "72 journalists had been fired or forced to take leave or had resigned in the past six weeks since the start of the unrest" in late May 2013 due to pressure from the AKP government. Kemal Kilicdaroglu, head of the Cumhuriyet Halk Partisi (CHP) party, said 64 journalists have been imprisoned and We are now facing a new period where the media is controlled by the government and the police and where most media bosses take orders from political authorities. The government says most of the imprisoned journalists have been detained for serious crimes, like membership in an armed terrorist group, that are not related to journalism.[15][16]

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Censorship in Turkey - Wikipedia, the free encyclopedia

presents

This page is a work in progress, and more works may be added to this page over time. Please inform onlinebooks@pobox.upenn.edu of any new material that can be included here. Note that the listings are meant to be representative rather than exhaustive. Also, many recent books that have been banned or challenged have not been included here, because they have not been made available online. (But see below).

In 1930, U.S. Customs seized Harvard-bound copies of Candide, Voltaire's critically hailed satire, claiming obscenity. Two Harvard professors defended the work, and it was later admitted in a different edition. In 1944, the US Post Office demanded the omission of Candide from a mailed Concord Books catalog.

John Cleland's Fanny Hill (also known as Memoirs of a Woman of Pleasure) has been frequently suppressed since its initial publication in 1749. This story of a prostitute is known both for its frank sexual descriptions and its parodies of contemporary literature, such as Daniel Defoe's Moll Flanders. The U.S Supreme Court finally cleared it from obscenity charges in 1966.

Aristophanes' Lysistrata, Chaucer's Canterbury Tales, Boccaccio's Decameron, Defoe's Moll Flanders, and various editions of The Arabian Nights were all banned for decades from the U.S. mails under the Comstock Law of 1873. Officially known as the Federal Anti-Obscenity Act, this law banned the mailing of "lewd", "indecent", "filthy", or "obscene" materials. The Comstock laws, while now unenforced, remain for the most part on the books today; the Telecommunications Reform Bill of 1996 even specifically applied some of them to computer networks. The anti-war Lysistrata was banned again in 1967 in Greece, which was then controlled by a military junta.

The Comstock law also forbade distribution of birth control information. In 1915, Margaret Sanger's husband was jailed for distributing her Family Limitation, which described and advocated various methods of contraception. Sanger herself had fled the country to avoid prosecution, but would return in 1916 to start the American Birth Control League, which eventually merged with other groups to form Planned Parenthood.

Leaves of Grass, Walt Whitman's famous collection of poetry, was withdrawn in Boston in 1881, after the District Attorney threatened criminal prosecution for the use of explicit language in some poems. The work was later published in Philadelphia.

Jean-Jacques Rousseau's autobiography Confessions was banned by U.S. Customs in 1929 as injurious to public morality. His philosophical works were also banned in the USSR in 1935, and some were placed on the Catholic Church's Index of Prohibited Books in the 18th century. (The Index was a primarily a matter of church law, but in some areas before the mid-19th century, it also had the force of secular law. A summary of the contents of the last edition, published in 1949, is available from the Internet Archive. The Index was finally abolished in 1966.)

Thomas Paine, best known for his writings supporting American independence, was indicted for treason in England in 1792 for his work The Rights of Man, defending the French Revolution. More than one English publisher was also prosecuted for printing The Age of Reason, where Paine argues for Deism and against Christianity and Atheism.

Excerpt from:
Banned Books Online