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35 Wis. J. L. Gender, & Soc'y 1 (2020)
The Politics of Legal Challenges to Pornography: A Comparative Analysis

handle is hein.journals/wiswo35 and id is 5 raw text is: THE POLITICS OF LEGAL CHALLENGES TO PORNOGRAPHY: A COMPARATIVE ANALYSIS Max Waltmant* Abstract Pornography production exploits social disadvantages, often while using prostituted people who have endured poverty, childhood sexual abuse, race and/or sex discrimination. Over time, consumers become more sexually aggres- sive, adopt more attitudes supporting gender-based violence, and buy more sex than non-consumers. This study finds that challenges to pornography's harms will be more successful in democracies that better recognize substantive equality, and where the harmed groups' perspectives and interests are centered in law. Civil rights appear more responsive and remedial than state-implemented crimi- nal laws, with similar implications for other problems disproportionately affect- ing disadvantaged populations. IN TRODU CTION ................................................................................................ 2 PRODUCTION-RELATED HARM S..........................................................................3 HARMS CAUSED BY CONSUMERS .................................................................... 7 H IERARCHY THEORY ..................................................................................... 11 NEGATIVE-RIGHTS LIBERALISM AND POSTMODERNISM ................................ 13 QUALITATIVE COMPARATIVE CASE STUDIES................................................. 14 A N ote on M ethodology................................................................... 14 U nited States..................................................................................... 17 C an ada............................................................................................. . 2 5 Sw eden ............................................................................................. . 32 C ON CLU SION .................................................................................................. 40 t Max Waltman is a researcher and Wenner-Gren Fellow at Stockholm University. He holds a Ph.D. in political science from Stockholm University. In 2016-2017, he was a visiting researcher and Fellow at Harvard University's Weatherhead Center for International Affairs, and in 2017-2018, a visiting researcher at the University of Michigan Law School and the Department of Political Science. * I wish to thank Professor Catharine A. MacKinnon for her generous support, especially when I was a Ph.D. student and she was my long-distance adviser. Professor Jonas Tallberg at Stockholm University is also one of my lifelines, as was Kathleen Molony during my year at Harvard. Moreover, the Wenner-Gren Foundation, the Sweden-America Foundation, and the Helge Axson Johnson's Foundation provided material support for my research activities when the substance of this article was produced. 1

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