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	<title>Comments for The Intent to Arouse</title>
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	<link>http://www.theintenttoarouse.com</link>
	<description>A Concise History of Sex, Shame, and the Moving Image by Film Director Tony Comstock</description>
	<lastBuildDate>Sat, 04 Sep 2010 12:14:33 +0000</lastBuildDate>
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		<title>Comment on II)D) &#8220;Do you want to be put in the same category as Alfred Kinsey, Max Hardcore, or  Catherine Briellat?&#8221;: The limits of sexual expression in an algorithmic world. by Tony Comstock</title>
		<link>http://www.theintenttoarouse.com/?p=370&#038;cpage=1#comment-2034</link>
		<dc:creator>Tony Comstock</dc:creator>
		<pubDate>Sat, 04 Sep 2010 12:14:33 +0000</pubDate>
		<guid isPermaLink="false">http://www.theintenttoarouse.com/?p=370#comment-2034</guid>
		<description>Hello Remittance Girl, thanks so much for stopping by.

Your comment about fame gets to the heart of it. Whatever one rejects or accepts, how ever one defines pornography or erotica, it only really matters in contexts where you have power.</description>
		<content:encoded><![CDATA[<p>Hello Remittance Girl, thanks so much for stopping by.</p>
<p>Your comment about fame gets to the heart of it. Whatever one rejects or accepts, how ever one defines pornography or erotica, it only really matters in contexts where you have power.</p>
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		<title>Comment on II)D) &#8220;Do you want to be put in the same category as Alfred Kinsey, Max Hardcore, or  Catherine Briellat?&#8221;: The limits of sexual expression in an algorithmic world. by Remittance Girl</title>
		<link>http://www.theintenttoarouse.com/?p=370&#038;cpage=1#comment-2023</link>
		<dc:creator>Remittance Girl</dc:creator>
		<pubDate>Fri, 03 Sep 2010 13:30:56 +0000</pubDate>
		<guid isPermaLink="false">http://www.theintenttoarouse.com/?p=370#comment-2023</guid>
		<description>Ultimately, the exclusion of a film of this kind brings up two issues. One is the definition of pornography. For me, as a writer, I firmly reject the stance that all mediated representations of explicit sex are - de facto - pornography. Nor to I accept the &#039;intent to arouse&#039; premise, since it is well known that different people are aroused by vastly different stimulus.  For me, it&#039;s simply about whether a) the sex is contextually sound within the narrative and b)if the sole purpose of the piece is as a masturbatory aid. This is the rule I use for myself in writing erotica (as opposed to writing pornography) and I don&#039;t see why film should be any different.

Sadly, I think the reason why Antichrist was screened was due to the fame of both the director and the leading actors. And that, in my view, is unforgivable. Antichrist is a breathtakingly shot, beautifully scored film, with a brilliant narrative premise. It is also possibly one of the most anti-humanistic and misogynist pieces of film I&#039;ve ever seen. 

It saddens me that, as a society, we are still so willing to accept unbelievable levels of violence (both real and fictional), while still being reticent to publically witness explicit sex. We give Pulitzer prizes to photojournalists who capture the moment someone having their head blown off.

But as a culture, we still won&#039;t tolerate the mediated depiction of someone sucking a cock.

What can I say? We&#039;re fucked up.</description>
		<content:encoded><![CDATA[<p>Ultimately, the exclusion of a film of this kind brings up two issues. One is the definition of pornography. For me, as a writer, I firmly reject the stance that all mediated representations of explicit sex are &#8211; de facto &#8211; pornography. Nor to I accept the &#8216;intent to arouse&#8217; premise, since it is well known that different people are aroused by vastly different stimulus.  For me, it&#8217;s simply about whether a) the sex is contextually sound within the narrative and b)if the sole purpose of the piece is as a masturbatory aid. This is the rule I use for myself in writing erotica (as opposed to writing pornography) and I don&#8217;t see why film should be any different.</p>
<p>Sadly, I think the reason why Antichrist was screened was due to the fame of both the director and the leading actors. And that, in my view, is unforgivable. Antichrist is a breathtakingly shot, beautifully scored film, with a brilliant narrative premise. It is also possibly one of the most anti-humanistic and misogynist pieces of film I&#8217;ve ever seen. </p>
<p>It saddens me that, as a society, we are still so willing to accept unbelievable levels of violence (both real and fictional), while still being reticent to publically witness explicit sex. We give Pulitzer prizes to photojournalists who capture the moment someone having their head blown off.</p>
<p>But as a culture, we still won&#8217;t tolerate the mediated depiction of someone sucking a cock.</p>
<p>What can I say? We&#8217;re fucked up.</p>
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		<title>Comment on II)D) &#8220;Do you want to be put in the same category as Alfred Kinsey, Max Hardcore, or  Catherine Briellat?&#8221;: The limits of sexual expression in an algorithmic world. by Gore-Gore girl</title>
		<link>http://www.theintenttoarouse.com/?p=370&#038;cpage=1#comment-127</link>
		<dc:creator>Gore-Gore girl</dc:creator>
		<pubDate>Thu, 27 Aug 2009 23:51:40 +0000</pubDate>
		<guid isPermaLink="false">http://www.theintenttoarouse.com/?p=370#comment-127</guid>
		<description>Very interesting, and raises a lot of interesting questions. I wonder, in a world that seems to compulsively categorize, what might be a solution? It sounds like you deem your films to be different from &quot;pornography,&quot; but I&#039;m not sure how we can go about making these distinctions. I totally understand, and empathize, with your frustrations regarding having your films condemned - does this make you feel aligned with &quot;porn&quot; and consequently frustrate you? Or do you extend the same artistic freedom to &quot;porn&quot; also? I always seem to go round in circles regarding these issues, particularly when you consider class-based notions of art etc. I feel like I&#039;m caught between two intersecting ideologies...</description>
		<content:encoded><![CDATA[<p>Very interesting, and raises a lot of interesting questions. I wonder, in a world that seems to compulsively categorize, what might be a solution? It sounds like you deem your films to be different from &#8220;pornography,&#8221; but I&#8217;m not sure how we can go about making these distinctions. I totally understand, and empathize, with your frustrations regarding having your films condemned &#8211; does this make you feel aligned with &#8220;porn&#8221; and consequently frustrate you? Or do you extend the same artistic freedom to &#8220;porn&#8221; also? I always seem to go round in circles regarding these issues, particularly when you consider class-based notions of art etc. I feel like I&#8217;m caught between two intersecting ideologies&#8230;</p>
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		<title>Comment on II)A)5) The MPAA Took My Baby Away!: Why exploitation filmmakers love to hate the Motion Picture Association of America. by II)C)4 The Internet: The barriers to entry fall to zero. &#8211; The Intent to Arouse</title>
		<link>http://www.theintenttoarouse.com/?p=84&#038;cpage=1#comment-125</link>
		<dc:creator>II)C)4 The Internet: The barriers to entry fall to zero. &#8211; The Intent to Arouse</dc:creator>
		<pubDate>Mon, 24 Aug 2009 22:41:39 +0000</pubDate>
		<guid isPermaLink="false">http://www.theintenttoarouse.com/?p=84#comment-125</guid>
		<description>[...] It&#8217;s not that their aren&#8217;t exceptions. San Francisco&#8217;s Kink.com was early to the game, offering BDSM oriented content via the internet at at time when traditional distribution channels regarded bondage and other non-consensual theme-sex play as a one-way ticket to an obscenity conviction. (There&#8217;s that all important social arbitrage again. See the previous post The MPAA Took My Baby Away!) [...]</description>
		<content:encoded><![CDATA[<p>[...] It&#8217;s not that their aren&#8217;t exceptions. San Francisco&#8217;s Kink.com was early to the game, offering BDSM oriented content via the internet at at time when traditional distribution channels regarded bondage and other non-consensual theme-sex play as a one-way ticket to an obscenity conviction. (There&#8217;s that all important social arbitrage again. See the previous post The MPAA Took My Baby Away!) [...]</p>
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		<title>Comment on II)B)1) US vs. Ulysses: The origin of  &#8221;intent to arouse&#8221; as legal doctrine. by II)2) &#8220;Do you want to be put in the same category as Alfred Kinsey, Max Hardcore, or  Catherine Briellat?&#8221;: The limits of sexual expression in an algorithmic world. &#8211; The Intent to Arouse</title>
		<link>http://www.theintenttoarouse.com/?p=113&#038;cpage=1#comment-123</link>
		<dc:creator>II)2) &#8220;Do you want to be put in the same category as Alfred Kinsey, Max Hardcore, or  Catherine Briellat?&#8221;: The limits of sexual expression in an algorithmic world. &#8211; The Intent to Arouse</dc:creator>
		<pubDate>Mon, 24 Aug 2009 17:37:45 +0000</pubDate>
		<guid isPermaLink="false">http://www.theintenttoarouse.com/?p=113#comment-123</guid>
		<description>[...] Neither is the idea that &#8220;art&#8221; is also sufficient justification for what would otherwise not be protected speech new, with Justice Woolsey&#8217;s &#8220;intent to arouse&#8221; standing as a now nearly 80 year old dividing line between &#8220;art&#8221; and obscenity—observed with full legal force in some countries (UK, Australia) or with quasi-legal force in the the US (&#8221;Penetration is illegal in Utah.&#8221;) See the previous TITA post: US vs. Ulysses: The origin of  ”intent to arouse” as legal doctrine. [...]</description>
		<content:encoded><![CDATA[<p>[...] Neither is the idea that &#8220;art&#8221; is also sufficient justification for what would otherwise not be protected speech new, with Justice Woolsey&#8217;s &#8220;intent to arouse&#8221; standing as a now nearly 80 year old dividing line between &#8220;art&#8221; and obscenity—observed with full legal force in some countries (UK, Australia) or with quasi-legal force in the the US (&#8221;Penetration is illegal in Utah.&#8221;) See the previous TITA post: US vs. Ulysses: The origin of  ”intent to arouse” as legal doctrine. [...]</p>
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		<title>Comment on II)C)3: Buttman, Janet Reno, and the Sony VX1000: The rise of &#8220;Gonzo.&#8221; by Kristoffer V. Sargent</title>
		<link>http://www.theintenttoarouse.com/?p=357&#038;cpage=1#comment-106</link>
		<dc:creator>Kristoffer V. Sargent</dc:creator>
		<pubDate>Sat, 08 Aug 2009 02:40:09 +0000</pubDate>
		<guid isPermaLink="false">http://www.theintenttoarouse.com/?p=357#comment-106</guid>
		<description>I hope you&#039;ll forgive this half-baked response.  I&#039;m recovering from a bitch of a week with a healthy amount of martini.

Two immediate thoughts, springing from this embedded quotation: 

&lt;i&gt;But while there’s no shortage of anal creampie themed videos, gaping anus themed videos, and other things to unsavory to mention on this blog, finding well-crafted sexually explicit films that convincingly depict mutual pleasure is all but impossible.&lt;/i&gt;

What you&#039;re describing has taken place elsewhere, the most glaring example being Youtube.  On Youtube the anomalies reign.  In the beginning, when Youtube came online, the novel, the weird, the outrageous, the absurd, the spectacular vids gained the most views.  That resulted in the next generation of vids, which we are experiencing right now, being almost exclusively and superficially odd; Youtube&#039;s archives are now saturated with behavioral tangents, asides, and sillinesses.  It&#039;s the P.T. Barnum, Elephant Man effect: high carnival demand creates high carnival supply.  And all this while the artistic potential of Youtube -- e.g., high-concept serials -- remains dormant.

This leads me to believe that the popularity of gaping anal and girlfriend fisting is not attributable to mere fetish specialization. Instead, what we&#039;re seeing is the economics, and seduction by, spectacle, a human instinct larger than the sex drive but extremely potent when joined with it.  It&#039;s the primacy of the visual, combined with the human &quot;prurient&quot; interest in the sex-act, combined with the &quot;I can&#039;t believe someone would do that . . . but she&#039;s clearly doing it!&quot; fascination of the abomination that makes us all rubber neckers and email forwarders.

My second thought follows the first.  Basically, I&#039;m wondering how you can change the dynamic.  Obviously, experienced sex is no spectacle.  But filmed sex is almost necessarily spectacle -- unless, that is, something other than an orgasm at stake (riding on it?).  That &quot;something else&quot; must be established by narrative; this extra emotional stake must accent the sex and inform it with meaning.  Otherwise, spectacle it will remain.

And that&#039;s what the complaint about there being &quot;no well-crafted films showing mutual pleasure&quot; amount to: that current porn is consumed as &quot;titillating vulgarity&quot; or &quot;raw arouser&quot;, as sideshow, rather than as &quot;rewarding experience&quot; or &quot;worthy of contemplation&quot; (as art worth striving with).

Don&#039;t know if that makes sense to you.  And it may not make sense to me tomorrow.  But there it is.</description>
		<content:encoded><![CDATA[<p>I hope you&#8217;ll forgive this half-baked response.  I&#8217;m recovering from a bitch of a week with a healthy amount of martini.</p>
<p>Two immediate thoughts, springing from this embedded quotation: </p>
<p><i>But while there’s no shortage of anal creampie themed videos, gaping anus themed videos, and other things to unsavory to mention on this blog, finding well-crafted sexually explicit films that convincingly depict mutual pleasure is all but impossible.</i></p>
<p>What you&#8217;re describing has taken place elsewhere, the most glaring example being Youtube.  On Youtube the anomalies reign.  In the beginning, when Youtube came online, the novel, the weird, the outrageous, the absurd, the spectacular vids gained the most views.  That resulted in the next generation of vids, which we are experiencing right now, being almost exclusively and superficially odd; Youtube&#8217;s archives are now saturated with behavioral tangents, asides, and sillinesses.  It&#8217;s the P.T. Barnum, Elephant Man effect: high carnival demand creates high carnival supply.  And all this while the artistic potential of Youtube &#8212; e.g., high-concept serials &#8212; remains dormant.</p>
<p>This leads me to believe that the popularity of gaping anal and girlfriend fisting is not attributable to mere fetish specialization. Instead, what we&#8217;re seeing is the economics, and seduction by, spectacle, a human instinct larger than the sex drive but extremely potent when joined with it.  It&#8217;s the primacy of the visual, combined with the human &#8220;prurient&#8221; interest in the sex-act, combined with the &#8220;I can&#8217;t believe someone would do that . . . but she&#8217;s clearly doing it!&#8221; fascination of the abomination that makes us all rubber neckers and email forwarders.</p>
<p>My second thought follows the first.  Basically, I&#8217;m wondering how you can change the dynamic.  Obviously, experienced sex is no spectacle.  But filmed sex is almost necessarily spectacle &#8212; unless, that is, something other than an orgasm at stake (riding on it?).  That &#8220;something else&#8221; must be established by narrative; this extra emotional stake must accent the sex and inform it with meaning.  Otherwise, spectacle it will remain.</p>
<p>And that&#8217;s what the complaint about there being &#8220;no well-crafted films showing mutual pleasure&#8221; amount to: that current porn is consumed as &#8220;titillating vulgarity&#8221; or &#8220;raw arouser&#8221;, as sideshow, rather than as &#8220;rewarding experience&#8221; or &#8220;worthy of contemplation&#8221; (as art worth striving with).</p>
<p>Don&#8217;t know if that makes sense to you.  And it may not make sense to me tomorrow.  But there it is.</p>
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		<title>Comment on II)C)2: California vs. Freeman: The revenge of the magic camera: How illegal actions become constitutionally protected speech. by Kristoffer V. Sargent</title>
		<link>http://www.theintenttoarouse.com/?p=328&#038;cpage=1#comment-91</link>
		<dc:creator>Kristoffer V. Sargent</dc:creator>
		<pubDate>Sat, 01 Aug 2009 17:13:47 +0000</pubDate>
		<guid isPermaLink="false">http://www.theintenttoarouse.com/?p=328#comment-91</guid>
		<description>re: sexual imagery, traumas and triggers are often tightly wound together.

They are also tuned by culture -- to higher, lower and variable sensitivities.  I said this a while back in a discussion with Noah about eroticism in film, but our reactions to sexual imagery are immanently contingent.  For instance, from a purely logical perspective it shouldn&#039;t matter whether you see the image with one, two, or a thousand people -- but it does matter.  The more people, the more anxiety is produced around the &quot;appropriateness&quot; of the image.  Also, it shouldn&#039;t matter whether you see the image with a friend or mere acquaintance, with a spouse or registered sex offender, with a parent or a priest -- but it does matter, often in substantial game-changing ways.

And longstanding circumstances can leave residues on the mind.  For instance, my girlfriend was raised in a prudish southern family, and it&#039;s taken about 10 years for her to not get squirmy when watching a sex scene, even if it&#039;s just me watching it with her.  That&#039;s an anecdote, not data, but I think my induction is sound: relearning reactions to sexual imagery is hard.

In addition to culture, there&#039;s the universal drive to keep sex private, that is, in every culture we have studied, sex is taken behind some kind of wall; sex in public is punished.

But then again, finite moral circles and xenophobia are human universals, too, and yet Rosa Parks was able to shame them into the shadows by tweaking a deeper commonality called &quot;the affecting perception of injustice.&quot;  Of course, I&#039;m sure her status as one of the innocent -- quietly dignified, frail black woman riding a bus to work (or church or wherever) -- helped to elevate her stand (no pun intended) into a fulcrum for the cause in a way that might be inaccessible for Tony Comstock.  No sympathy for the devil, etc.

Ultimately, there won&#039;t be progress without a broadly sympathetic martyr.  Until the majority&#039;s focus shifts from &#039;the value of the material&#039; to &#039;the value of the freedom&#039;, society will continue to show you its ass while not allowing you to show them theirs.  That&#039;s my belief, at least.</description>
		<content:encoded><![CDATA[<p>re: sexual imagery, traumas and triggers are often tightly wound together.</p>
<p>They are also tuned by culture &#8212; to higher, lower and variable sensitivities.  I said this a while back in a discussion with Noah about eroticism in film, but our reactions to sexual imagery are immanently contingent.  For instance, from a purely logical perspective it shouldn&#8217;t matter whether you see the image with one, two, or a thousand people &#8212; but it does matter.  The more people, the more anxiety is produced around the &#8220;appropriateness&#8221; of the image.  Also, it shouldn&#8217;t matter whether you see the image with a friend or mere acquaintance, with a spouse or registered sex offender, with a parent or a priest &#8212; but it does matter, often in substantial game-changing ways.</p>
<p>And longstanding circumstances can leave residues on the mind.  For instance, my girlfriend was raised in a prudish southern family, and it&#8217;s taken about 10 years for her to not get squirmy when watching a sex scene, even if it&#8217;s just me watching it with her.  That&#8217;s an anecdote, not data, but I think my induction is sound: relearning reactions to sexual imagery is hard.</p>
<p>In addition to culture, there&#8217;s the universal drive to keep sex private, that is, in every culture we have studied, sex is taken behind some kind of wall; sex in public is punished.</p>
<p>But then again, finite moral circles and xenophobia are human universals, too, and yet Rosa Parks was able to shame them into the shadows by tweaking a deeper commonality called &#8220;the affecting perception of injustice.&#8221;  Of course, I&#8217;m sure her status as one of the innocent &#8212; quietly dignified, frail black woman riding a bus to work (or church or wherever) &#8212; helped to elevate her stand (no pun intended) into a fulcrum for the cause in a way that might be inaccessible for Tony Comstock.  No sympathy for the devil, etc.</p>
<p>Ultimately, there won&#8217;t be progress without a broadly sympathetic martyr.  Until the majority&#8217;s focus shifts from &#8216;the value of the material&#8217; to &#8216;the value of the freedom&#8217;, society will continue to show you its ass while not allowing you to show them theirs.  That&#8217;s my belief, at least.</p>
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		<title>Comment on II)C)2: California vs. Freeman: The revenge of the magic camera: How illegal actions become constitutionally protected speech. by Tony Comstock</title>
		<link>http://www.theintenttoarouse.com/?p=328&#038;cpage=1#comment-89</link>
		<dc:creator>Tony Comstock</dc:creator>
		<pubDate>Fri, 31 Jul 2009 22:52:06 +0000</pubDate>
		<guid isPermaLink="false">http://www.theintenttoarouse.com/?p=328#comment-89</guid>
		<description>&lt;em&gt;I think what turned “doing something that was legal” into something “breaking the law” tracks the same intuition that leads us to distinguish public from private — e.g., sex in private is legal, transferring that same sex to the park is illegal. The idea is that photography is essentially a publication.&lt;/em&gt;

This is the idea that I&#039;ve been rolling around over and over.

In California v. Freeman, the ruling hinged on the idea that photography is essentially publication, there for, pay people to be photographed having sex isn&#039;t prostitution. In the FLA case, it runs the other way; an essentially private act (making love and making a photographic keepsake said loving-making) becomes de-facto public because &quot;photography is essentially a publication.

Maybe (maybe) this made some kind of sense in the photochemical age, which such &quot;keepsakes&quot; had to be turned over to a third party to be realized (except for the very few who processed the equipment and expertise to process their film themselves.

But how about now? If I&#039;m in Utah on a business trip, and my wife is in Alabama and we fool around in iChat are we &quot;publishing&quot; anything? Or just doing what lovers have always done on the telephone? How about if we exchange photos via our phones? Unlike writing, for example, where we understand a private journal, I think we have a very poor understanding of the potential of photography as a private medium. 

(Although at the time of Miller obscenity prosecutions for non-photographic representations were all but unheard of; but in the last few years we&#039;ve had obscenity prosecutions of text only, and drawings.)

The essentially problematic aspect of sex/photography is that a photo takes how/when the sexuality of the subject will be made public out of the hand of the person(s) depicted. I always warn the subjects of my films that ultimately i cannot control how their images will be contextualized and they have to be ready for seeing their images in contexts they might find upsetting.

Conversely, depending on context we recognize in-person sexual displays as assaultive, but these sorts of assaults are much harder to police when they come in the form of photographs. You can say &quot;Get over it, it&#039;s just a photography&quot; but that ignores the simple fact that sexual imagery, traumas and triggers are often tightly wound together.

Which reminds me of an (unsatisfying) back and forth I had with the head honcho of The Independent Film Channel around their broadcast of the film The Bridge, which features actually footage of people throwing themselves off the Golden Gate span.

What&#039;s got me hung up right now is the idea of how important norms are to fill in the space in the regulation of behavior that laws can&#039;t deal with effectively. I used to think I could be the Rosa Parks of sex/cinema; defiant and dignified. Now I&#039;m not so sure...

Anyway, glad you&#039;re enjoying you&#039;re reading. Truth be told, I think this blog might be some of the best writing I&#039;ve ever done, and it&#039;s very odd to be developing these ideas so publicly. But it&#039;s also odd to get so little response, so I really appreciate yours!</description>
		<content:encoded><![CDATA[<p><em>I think what turned “doing something that was legal” into something “breaking the law” tracks the same intuition that leads us to distinguish public from private — e.g., sex in private is legal, transferring that same sex to the park is illegal. The idea is that photography is essentially a publication.</em></p>
<p>This is the idea that I&#8217;ve been rolling around over and over.</p>
<p>In California v. Freeman, the ruling hinged on the idea that photography is essentially publication, there for, pay people to be photographed having sex isn&#8217;t prostitution. In the FLA case, it runs the other way; an essentially private act (making love and making a photographic keepsake said loving-making) becomes de-facto public because &#8220;photography is essentially a publication.</p>
<p>Maybe (maybe) this made some kind of sense in the photochemical age, which such &#8220;keepsakes&#8221; had to be turned over to a third party to be realized (except for the very few who processed the equipment and expertise to process their film themselves.</p>
<p>But how about now? If I&#8217;m in Utah on a business trip, and my wife is in Alabama and we fool around in iChat are we &#8220;publishing&#8221; anything? Or just doing what lovers have always done on the telephone? How about if we exchange photos via our phones? Unlike writing, for example, where we understand a private journal, I think we have a very poor understanding of the potential of photography as a private medium. </p>
<p>(Although at the time of Miller obscenity prosecutions for non-photographic representations were all but unheard of; but in the last few years we&#8217;ve had obscenity prosecutions of text only, and drawings.)</p>
<p>The essentially problematic aspect of sex/photography is that a photo takes how/when the sexuality of the subject will be made public out of the hand of the person(s) depicted. I always warn the subjects of my films that ultimately i cannot control how their images will be contextualized and they have to be ready for seeing their images in contexts they might find upsetting.</p>
<p>Conversely, depending on context we recognize in-person sexual displays as assaultive, but these sorts of assaults are much harder to police when they come in the form of photographs. You can say &#8220;Get over it, it&#8217;s just a photography&#8221; but that ignores the simple fact that sexual imagery, traumas and triggers are often tightly wound together.</p>
<p>Which reminds me of an (unsatisfying) back and forth I had with the head honcho of The Independent Film Channel around their broadcast of the film The Bridge, which features actually footage of people throwing themselves off the Golden Gate span.</p>
<p>What&#8217;s got me hung up right now is the idea of how important norms are to fill in the space in the regulation of behavior that laws can&#8217;t deal with effectively. I used to think I could be the Rosa Parks of sex/cinema; defiant and dignified. Now I&#8217;m not so sure&#8230;</p>
<p>Anyway, glad you&#8217;re enjoying you&#8217;re reading. Truth be told, I think this blog might be some of the best writing I&#8217;ve ever done, and it&#8217;s very odd to be developing these ideas so publicly. But it&#8217;s also odd to get so little response, so I really appreciate yours!</p>
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		<title>Comment on II)C)2: California vs. Freeman: The revenge of the magic camera: How illegal actions become constitutionally protected speech. by Kristoffer V. Sargent</title>
		<link>http://www.theintenttoarouse.com/?p=328&#038;cpage=1#comment-88</link>
		<dc:creator>Kristoffer V. Sargent</dc:creator>
		<pubDate>Fri, 31 Jul 2009 18:22:54 +0000</pubDate>
		<guid isPermaLink="false">http://www.theintenttoarouse.com/?p=328#comment-88</guid>
		<description>TC, you write: &quot;Yet in a 2:1 decision, the appeals court in Florida ruled that the law is the law, and that by photographing themselves doing something that was legal, these teenagers had broken the law, and their conviction was upheld.&quot;

I think what turned &quot;doing something that was legal&quot; into something &quot;breaking the law&quot; tracks the same intuition that leads us to distinguish public from private -- e.g., sex in private is legal, transferring that same sex to the park is illegal.  The idea is that photography is essentially a publication.  And while two minors may legally get it on, that&#039;s because they are both members of &quot;the protected class&quot; -- statutory rape laws create a protected class; a member of a protected class cannot be charged under a statute which creates the class; which is why you never see the 16 year old hottie getting tried as an accomplice.  

Child pornography laws, however, have no protected class (though I think they should be construed as if they did).  The crime is the creation, possession, or dissemination of contraband -- defined by statute -- which means, under the law as written, the minors were guilty of the charge.

I&#039;m really enjoying your stuff so far, btw.</description>
		<content:encoded><![CDATA[<p>TC, you write: &#8220;Yet in a 2:1 decision, the appeals court in Florida ruled that the law is the law, and that by photographing themselves doing something that was legal, these teenagers had broken the law, and their conviction was upheld.&#8221;</p>
<p>I think what turned &#8220;doing something that was legal&#8221; into something &#8220;breaking the law&#8221; tracks the same intuition that leads us to distinguish public from private &#8212; e.g., sex in private is legal, transferring that same sex to the park is illegal.  The idea is that photography is essentially a publication.  And while two minors may legally get it on, that&#8217;s because they are both members of &#8220;the protected class&#8221; &#8212; statutory rape laws create a protected class; a member of a protected class cannot be charged under a statute which creates the class; which is why you never see the 16 year old hottie getting tried as an accomplice.  </p>
<p>Child pornography laws, however, have no protected class (though I think they should be construed as if they did).  The crime is the creation, possession, or dissemination of contraband &#8212; defined by statute &#8212; which means, under the law as written, the minors were guilty of the charge.</p>
<p>I&#8217;m really enjoying your stuff so far, btw.</p>
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		<title>Comment on II)B)4 Miller vs. California: The &#8220;Miller Test&#8221; and how the magic camera transforms legal actions into criminal thoughts. by II)C)2: California vs. Freeman: The revenge of the magic camera: How illegal actions become constitutionally protected speech. &#8211; The Intent to Arouse</title>
		<link>http://www.theintenttoarouse.com/?p=210&#038;cpage=1#comment-78</link>
		<dc:creator>II)C)2: California vs. Freeman: The revenge of the magic camera: How illegal actions become constitutionally protected speech. &#8211; The Intent to Arouse</dc:creator>
		<pubDate>Sat, 25 Jul 2009 17:09:48 +0000</pubDate>
		<guid isPermaLink="false">http://www.theintenttoarouse.com/?p=210#comment-78</guid>
		<description>[...] mentioned in previous posts, the 1973 Supreme Court case of Miller vs. California, and the resulting Miller Test did little to clarify when and if a depiction of nudity and/or sexuality was or was not open to [...]</description>
		<content:encoded><![CDATA[<p>[...] mentioned in previous posts, the 1973 Supreme Court case of Miller vs. California, and the resulting Miller Test did little to clarify when and if a depiction of nudity and/or sexuality was or was not open to [...]</p>
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