There are a myriad of regulatory devices which may be used to address the concerns about the proliferation of sexually explicit material. Some devices may have specialized applications--such as zoning or anti-display laws--whereas criminal obscenity laws may find wide application. Material that is sexually explicit but not obscene may be regulated, but it is subject to additional constitutional analysis .The restrictions currently in force against the production of sexually explicit material have withstood scrutiny and attack under the mandates of the First Amendment. These regulations have consistently been upheld in principle, and they have been continually reshaped to accommodate emerging technologies. It is critical however, that new approaches be formulated and adopted to provide remedies for uncompensated harms. The frustration of persons depicted in pornography, as well as other types of material, is discussed at length in Colker ( 1986).
It is also critical that the present "pornography ethic" that accepts the premise that the bodies of women, children and men are commodities to be exploited for profit be rejected by not only the legal system but by society as a whole.
American Booksellers v. Rendell, 481 A.2d 919 (Pa. Super. 1984).
American Booksellers v. Virginia, 802 F.2d 691 (4th Cir. 1986), questions certified 98 L.Ed.2d 782 ( 1988).
American Booksellers v. Webb, 643 F.Supp. 1546 (N.D. Ga. 1986).
Attorney General's Commission on Pornography. ( 1986). Final Report. Department of Justice. Washington, DC: U.S. Government Printing Office.
Cinema Theaters v. Ft. Wayne, 473 F.2d1297 (7th Cir. 1973).
Colker R. ( 1986). "Published consentless sexual portrayals: A proposed framework for analysis". Buffalo Law Review, 35, p. 39.
Comprehensive Drug Abuse Prevention and Control Act of 1970. 21 U.S.C. § 846 ( 1970).
Dietz P., & Sears A. ( 1988). "Pornography and obscenity sold in adult bookstores: A survey of 5132 books, magazines, and films in four American cities". University of Michigan Journal of Law Reform, 21, p. 7.
Fehlhaber v. North Carolina, 675 F.2d 1365 (4th Cir. 1982).
Ginsberg v. New York, 390 U.S. 629 ( 1968).
"Growing support found for ban on sex violence in movies, magazines". ( 1986, August 14). The Gallup Poll. Princeton, NJ.