Critical Approaches to the First Amendment

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Different Approaches to Feminism

1. Liberal Feminism — follows the tenets of liberal political philosophy. Believe a change in gender inequity can be solved by using rational argument to correct irrational predjudice. (Strossen)

2. Radical Feminism — assumes innate biological differences between the sexes. A call for change in gender inequities involves political separation of women from the existing system. (MacKinnon)

3. Social or cultural feminism — believe that class oppression under capatilism is a fundamental factor in women's oppression. They look for change in gender inequties through theoretical and political balance of multiple factors contributing to women's oppression. (West)

Pornography makes inequality into sex, which makes it enjoyable, and into gender, which makes it seem natural. By packaging the resulting product as pictures and words, pornography turns gendered and sexualized inequality into "speech," which has made it a right. Thus does pornogrphy, cloaked as the essence of nature and the index of freedom, turn the inequality between women and mend into those twin icons of male supremacy, sex and speech, and a practice of sex discrimination into a legal entitlement.
Catharine MacKinnon
" Feminism Unmodified"

All censorship measures throughout history have been used disproportionately to silence those who are relatively disempowered and who seek to chalenge the status quo. since women and feminists are in that category, it is predictable that any censorship scheme — even one purportedly designed to further their interest — would in fact be used to suppress expression that is especially important to their interests.
Nadine Strossen
"Defending Pornography"

First Amendment principles further more than they hinder feminist goals.
Robin West
Wisconsin Women's Law Journal