The first amendment, freedom of the press, and the issue of “harm”: A conundrum for publishers

Abstract

Does strict adherence to the principles of the First Amendment and opposition to any forms of censorship inflict “harm” on women and American society? In this article, the author surveys the published literature, U.S. Supreme Court decisions, and substantive issues raised by “tabsolutist” defenders of the First Amendment as well as by feminists opposed to pornography. He argues that the “Mill-Paul hypothesis” should be adopted by society to confront the censorship morass that has deeply divided American society. Namely, if an image or a printed work causes harm to anyone, it should be prosecuted under existing legal codes.