Document Type

Article

Publication Title

California Law Review

Abstract

Some portion of the political left in the United States has called for the restriction of pornography and hate speech. Those who advocate such censorship do so on the ground that pornography and hate speech cause harm to disadvantaged "outsider" groups in society. For this reason, the leftist censorship advocates do not accept traditional First Amendment doctrines that protect much pornography and hate speech. In calling for censorship, the author argues, leftists endanger a great deal of activist speech, particularly in the form of artwork, that in fact seeks to undermine the very pornography and hate speech the censorship advocates target. Because much postmodern art appropriates the language and images of hate speech and pornography in order to deconstruct or otherwise subvert them, leftist attempts at censorship carry a grave danger of silencing leftist activists. Furthermore, the author maintains, leftist advocates of censorship have not, and ultimately cannot, develop theories of interpretation capable of protecting activist expression while still restricting or banning pornography and hate speech. Because of the indeterminacy of language, censorship advocates must choose whether to sacrifice vital voices of protest and criticism from within the left or whether to suppress pornography and hate speech.

First Page

1499

DOI

https://doi.org/10.15779/Z380H81

Volume

84

Publication Date

1996

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