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Pornography, Obscenity And
The Case For Censorship

By Irving Kristol
Originally published in
The New York Times Magazine, March 28, 1971
New York University Professor Irving Kristol argues that a liberal today 'ought to favor a liberal form of censorship. " Basing his arguments on the moral relevance of art, Kristol says bluntly: "If you care for the quality of life in our American democracy, then you have to be for censorship."
Being frustrated is disagreeable, but the real disasters in life begin when you get what you want. For almost a century now, a great many intelligent, well-meaning and articulate people have argued eloquently against any kind of censorship of art and entertainment. Within the past ten years, courts and legislatures have found these arguments so persuasive that censorship is now a relative rarity in most states.
Is there triumphant exhilaration in the land? Hardly. Somehow, things have not worked out as they were supposed to, and many civil-libertarians have said this was not what they meant. They wanted a world in which Eugene O'Neill's Desire under the Elms could be produced, or James Joyce's Ulysses published, without interference. They got that, of course; but they also got a world in which homosexual rape is simulated on the stage, in which the public flocks to witness professional fornication, in which New York's Times Square has become a hideous marketplace for printed filth. But does this really matter? Might not our disquiet be merely a cultural hangover? Was anyone ever corrupted by a book?
This last question, oddly enough, is asked by the same people who seem convinced that advertisements in magazines or displays of violence on television do have the power to corrupt. It is also asked, incredibly enough and in all sincerity, by university professors and teachers whose very lives provide the answer. After all, if you believe that no one was ever corrupted by a book, you have also to believe that no one was ever improved by a book. You have to believe, in other words, that art is morally trivial and that education is morally irrelevant.
To be sure, it is extremely difficult to trace the effects of any single book (or play or movie) on any reader. But we all know that the ways in which we use our minds and imaginations do shape our characters and help define us as persons. That those who certainly know this are moved to deny it merely indicates how a dogmatic resistance to the idea of censorship can result in a mindless insistence on the absurd.
For the plain fact is that we all believe that there is a point at which the public authorities ought to step in to limit the "self-expression" of an individual or a group. A theatrical director might find someone willing to commit suicide on the stage. We would not allow that. And I know of no one who argues that we ought to permit public gladiatorial contests, even between consenting adults.
No society can be utterly indifferent to the ways its citizens publicly entertain themselves. Bearbaiting and cockfighting are prohibited only in part out of compassion for the animals; the main reason is that such spectacles, were felt to debase and brutalize the citizenry who flocked to witness them. The question with regard to pornography and obscenity is whether they will brutalize and debase our citizenry. We are, after all, not dealing with one book or one movie. We are dealing with a general tendency that is suffusing our entire culture.
Pornography's whole purpose, it seems to me, is to treat human beings obscenely, to deprive them of their specifically human dimension. Imagine a well-known man in a hospital ward, dying an agonizing death. His bladder and bowels empty themselves of their own accord. His consciousness is overwhelmed by pain, so that he cannot communicate with us, nor we with him. Now, it would be technically easy to put a television camera in his room and let the whole world witness this spectacle. We don't do it-at least not yet-because we regard this as an obscene invasion of privacy. And what would make the spectacle obscene is that we would be witnessing the extinguishing of humanity in a human animal.
Sex-like death-is an activity that is both animal and human. There are human sentiments and human ideals involved in this animal activity. But when sex is public, I do not believe the viewer can see the sentiments and the ideals, but sees only the animal coupling. And that is why when most men and women make love, they prefer to be alone, because it is only when you are alone that you can make love, as distinct from merely copulating. When sex is a public spectacle, a human relationship has been debased into a mere animal connection.
But even if all this is granted, it doubtless will be said that we ought not to be unduly concerned. Free competition in the cultural marketplace, it is argued by those who have never otherwise had a kind word to say for laissez-faire, will dispose of the problem; in the course of time, people will get bored with pornography and obscenity.
I would like to be able to go along with this reasoning, but I think it is false, and for two reasons. The first reason is psychological, the second, political.
In my opinion, pornography and obscenity appeal to and provoke a kind of sexual regression. The pleasure one gets from pornography and obscenity is infantile and autoerotic; put bluntly, it is a masturbatory exercise of the imagination. Now, people who masturbate do not get bored with masturba- tion, just as sadists don't get bored with sadism, and voyeurs don't get bored with voyeurism. In other words, like all infantile sexuality, it can quite easily become a permanent self-reinforcing neurosis. And such a neurosis, on a mass scale, is a threat to our civilization and humanity, nothing less.
I am already touching upon a political aspect of pornography when I suggest that it is inherently subversive of civilization. But there is another political aspect, which has to do with the relationship of pornography and obscenity to democracy, and especially to the quality of public life on which democratic government ultimately rests.
Today a "managerial" conception of democracy prevails wherein democracy is seen as a set of rules and procedures, and nothing but a set of rules and procedures, by which majority rule and minority rights are reconciled into a state of equilibrium. Thus, the political system can be fully reduced to its mechanical arrangements.
There is, however, an older idea of democracy-fairly common until about the beginning of this century-for which the conception of the quality of public life is absolutely crucial. This idea starts from the proposition that democracy is a form of self-government, and that you are entitled to it only if that "self" is worthy of governing. Because the desirability of self-government depends on the character of the people who govern, the older idea of democracy was very solicitous of the condition of this character. This older democracy had no problem in principle with pornography and obscenity; it censored them; it was not about to permit people to corrupt themselves. But can a liberal-today-be for censorship? Yes, but he ought to favor liberal form of censorship.
I don't think this is a contradiction in terms. We have no problem contrasting repressive laws governing alcohol, drugs and tobacco with laws regulating (that is, discouraging the sale of ) alcohol, drugs and tobacco. We have not made smoking a criminal offense. We have, however, and with good liberal conscience, prohibited cigarette advertising on television. The idea of restricting individual freedom, in a liberal way, is not at all unfamiliar to us.
I therefore see no reason why we should not be able to distinguish repressive censorship from liberal censorship of the written and spoken word. In Britain, until a few years ago, you could perform almost any play you wished-but certain plays, judged to be obscene, had to be performed in private theatrical clubs. In the United States, all of us who grew up using, public libraries are familiar with the circumstances under which certain books could be circulated only to adults, while still other books had to be read in the library. In both cases, a small minority that was willing to make a serious effort to see an obscene play or book could do so. But the impact of obscenity was circumscribed, and the quality of public life was only marginally affected.
It is a distressing fact that any system of censorship is bound, upon occasion, to treat unjustly a particular work of art to find pornography where there is only gentle eroticism, to find obscenity where none really exists, or to find both where the work's existence ought to be tolerated because it serves a larger moral purpose. That is the price one has to be prepared to pay for censorship even liberal censorship.
But if you look at the history of American or English literature, there is precious little damage you can point to as a consequence of the censorship that prevailed throughout most of that history. I doubt that many works of real literary merit ever were suppressed. Nor did I notice that hitherto suppressed masterpieces flooded the market when censorship was eased. I should say, to the contrary, that literature has lost quite a bit now that so much is permitted. It seems to me that the cultural market in the United States today is awash in dirty books, dirty movies, dirty theater. Our cultural condition has not improved as a result of the new freedom.
I'll put it bluntly: if you care for the quality of life in our American democracy, then you have to be for censorship.
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