Piecework

Together, MacKinnon and Dworkin have had some limited successes. Hooking up at various times with such odd fellows as anti-feminist Phyllis Schlafly, local opponents of the Equal Rights Amendment or various mountebanks from the religious right, they drafted antiporn ordinances for Indianapolis; Bellingham, Washington; Cambridge, Massachusetts; and Minneapolis and supported them with articles, interviews and public hearings. These proposed laws were either defeated by the voters, vetoed by local politicians or ruled unconstitutional by the courts. But the New Victorians did not surrender.

Last February, Canada’s Supreme Court ruled that MacKinnon’s basic theory on pornography was correct. It upheld a law suppressing “obscene” material that “subordinates” women, stating that “materials portraying women as a class as objects for sexual exploitation and abuse have a negative impact on the individual’s sense of self-worth and acceptance.” Yes, the court admitted, this decision limits freedom of expression. But there was a superseding need to halt “the proliferation of materials which seriously offend the values fundamental to our society.”

This obviously was a major victory for the New Victorians and for MacKinnon herself; she had worked with a Toronto women’s group on the drafting of a brief that supported the Canadian bill. The Canadian court’s decision also provided a legal model for what the New Victorians want to see done in the United States. They are now trying to pass similar legislation in Massachusetts.

MacKinnon told The New York Times: “It’s for the woman whose husband comes home with a video, ties her to the bed, makes her watch and then forces her to do what they did in the video. It’s a civil rights law. It’s not censorship. It just makes pornographers responsible for the injuries they cause.”

That is the heart of this grim little crusade. They want pornographers to disappear under the threat of civil lawsuits. But Massachusetts obviously is a limited target, the focus of parochial attention. They have grander plans for us all. Like the wonderful people who brought us Prohibition (and the Mob), MacKinnon and her allies among the New Victorians want to impose their vision and their rules on the entire country. The likes of Orrin Hatch, Arlen Specter and Alan Simpson moved Senate Bill 1521 out of committee, thus urging their colleagues in the Senate to make the furious, fear-driven visions of MacKinnon and Dworkin the law of the land.

The bill is officially called the Pornography Victims’ Compensation Act, and it would allow victims of sex crimes to sue producers and distributors of sexual material if the victims can prove the material incited the crimes. The legislation has been nicknamed the Bundy Bill, after mass killer Ted Bundy, who claimed on the eve of his execution that pornography made him do it. If it passes and is upheld in the current right-wing Supreme Court, Bundy’s final victim will surely be the First Amendment.

MacKinnon believes that in America the law is the essential tool of social change. In a narrow sense, this is certainly true. The civil rights of blacks, for example, were more radically altered by Brown vs. Board of Education than by many years of prayer, argument and human suffering. But she goes on to insist that the law is not neutral but male, conceived by men to serve the interests of male power. Today, MacKinnon insists, the law serves the interests of male supremacy. And to change the present power arrangements in the United States, the law must be used against itself.

“Our law is designed to … help make sex equality real,” MacKinnon has written. “Pornography is a practice of discrimination on the basis of sex, on one level because of its role in creating and maintaining sex as a basis for discrimination. It harms many women one at a time and helps keep all women in an inferior status by defining our subordination as our sexuality and equating that with gender.”

Surely, that assigns far more power to pornography than it could ever have. But even if you agree with its claims, the question is whether more laws are needed. MacKinnon knows that if a woman is coerced into making a porno film, the people who abused her are subject to a variety of charges, including kidnapping, assault, imprisonment and invasion of privacy. But MacKinnon and Dworkin insist the present laws are not enough. In a discussion of Minneapolis’ proposed antiporn ordinance, they said of pornographic acts: “No existing laws are effective against them. If they were, pornography would not flourish as it does, and its victims would not be victimized through it as they are.” In other words, because the present laws don’t work, add another law. Maybe that will work.