Obscene Squirting: If the Government Thinks It's Urine, Then They've Got Another Thing Coming

By Cusack, Carmen M. | Texas Journal of Women and the Law, Fall 2012 | Go to article overview

Obscene Squirting: If the Government Thinks It's Urine, Then They've Got Another Thing Coming


Cusack, Carmen M., Texas Journal of Women and the Law


INTRODUCTION .......... 46

I. The Miller Test ..........48

II. Scientific Data .......... 50

III. Industry Voices: From The Inside .......... 53

IV. Prosecution of Pornography Not Obscenity ..........59

CONCLUSION .......... 69

INTRODUCTION

Squirting, cumming, gushing, ejaculating - an orgasm by any other name would feel as sweet. ' But, the depiction of urination, micturition, and excretion is an obscene2 act for which a performer, a director, and a producer of pornography could potentially be charged.3 On film, to the untrained eye or to the disbeliever, ejaculation may appear to be the same as urination.4 However, female ejaculation and squirting are two distinct phenomena produced by different organs and mechanisms.5 Ejaculation is "the release of a very scanty, thick, and whitish fluid from the female prostate," but squirting "is the expulsion of a diluted fluid from the urinary bladder."6 Scientists, educators, feminists, and artists have produced documentation that overcomes skepticism about squirting and provides courts with the information they need to discern between excretory and secretory depictions in pornographic material.7

First, this Article will review the seminal and recent medical studies involving G-spot and clitoral stimulation, prostate secretion, and orgasms.8 This research proves that ejaculation is physically distinct from urination.9 Second, this Article will examine current voices from within the sex industry.10 To these performers, directors, and producers, the depiction of ejaculation differs from the depiction of urination in that ejaculation is an act performed by women that almost always expresses positive forms of pleasure, not degradation devoid of any merit. ' ' Third, this Article will analyze how the current legal standards that tend to outlaw prurient urination could be unfairly applied to depictions of squirting. 12

While the Supreme Court does not outright conflate ejaculation and urination, the lack of development of the Miller test, which governs obscenity,13 and a number of state court cases indicate that some members of the criminal justice system do. 14 Some members of the criminal justice system go further, arguing that the depiction of ejaculation is obscene.15 Despite such objections, the Court should continue to differentiate ejaculation from urination, even if the context of ejaculation is obscene or the work in which it is featured is found to be obscene.16 Feminist principles demand that ejaculation never be confused with urination, and that hateful attitudes toward the female body be obliterated by scientific enlightenment.17 Hopefully, a sex positive, feminist attitude will guide the legal system toward explicit protection of depictions of women expelling fluids during sexual arousal and orgasm, which is known as squirting, cumming, gushing, and ejaculation.18

I. The Miller Test

In Miller v. California, the Court set forth the contemporary test for obscenity.19 In that case, the defendant, who owned an adult bookstore, mailed unsolicited advertisements for pornography to the community, including a restaurant.20 The restaurant owner, who opened the unsolicited envelope and saw the depictions, complained to the authorities that the flyers graphically depicted orgies, genitals, and other sexual images.21 The defendant was charged with distributing obscenity.22

The Court partially adopted California's obscenity law as a new threeprong test to determine whether the unsolicited flyers constituted obscenity.23 Sections 311 of the California Penal Code defined obscenity in the following terms:

'Obscene' means that to the average person, applying contemporary standards, the predominant appeal of the matter, taken as a whole, is to prurient interest, i. e., a shameful or morbid interest in nudity, sex, or excretion, which goes substantially beyond customary limits of candor in description or representation of such matters and is matter which is utterly without redeeming social importance. …

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