I’m a bad blogger, because I’m always so late to the game responding to anything going on. But that’s okay, because the people who read this are mostly my friends who don’t read a lot of other blogs (which is neat, because then they actually think I have something novel to say!), or the 20-or-so people who come here every day searching for “emo bangs” (you make one post containing the word emo bangs in the title, and you get 15-year-old hipsters for the rest of your life).
I’m also a bad blogger because I bury the lead like this every time, but I’m getting to the point now, I promise: Garance Franke-Ruta’s dust-up over the age of consent for porn. It started with a WSJ op-ed in which she proposed that the age of consent for appearing in pornography should be raised to age 21, which I guess led to minor outcry from, like, everyone. Franke-Ruta somehow seems to have gotten the impression that it’s because everyone LOVES BARELY LEGAL PORN!, but most of the arguments actually centered around much more sensible, if mundane, things, such as the fact that if we consider people old enough to vote and join the military, etc. etc. at 18, they’re probably grown-up enough to make their own decisions about porn.
Franke-Ruta’s main concern seems to center on potential regret, the idea that 18-year olds are too young to realize they’ll later regret appearing in pornography:
Yglesias pretends that a young woman’s “decision” to have nude pictures of herself floating about without her consent is no different than picking a college major or “getting tattoos.” But he’s wrong. People don’t lose their jobs – or become permanent public spectacles – over “buying lottery tickets” or choosing to major in chemistry rather than physics.
Maybe people don’t lose their jobs over getting a tattoo, but there sure are a lot of other decisions they can make at 18 that they’re just as capable of regretting as appearing in porn. Joining the army for instance — you make that decision, you’re capable of, well, not even really having the chance to “regret” it, because you might be dead. Does Franke-Ruta really think a decision that might possibly result in the loss of your life is not as serious as a decision that might result in the loss of some potential future job? As Julian notes (and you should just read this whole post, because it’s hilarious):
Perhaps most jaw-dropping, she considers Matt Yglesias’ observation that treating 18-20 year olds as adults means recognizing their right to make all sorts of choices they might later come to regret, then asserts that getting photographed nude is somehow uniquely harmful, uniquely damaging. This, apparently, in contrast to trivial choices like whether to bear a child or drop out of school or join the Army.
The problem with an argument like Franke-Ruta’s is all its logical extensions, especially for women. Right now, women at 18 have the legal ability to make the decision to be on birth control, if they want, and to get abortions if they want, and to marry or not mary, if they want. Using Franke-Ruta’s logic, wouldn’t it be possible that they will later regret the decision not to carry a child to term, or the decision to block conception in the first place? Or the decision not to marry someone their parents tell them to? Maybe we should raise the age of consent for contraception and marriage and abortion to 21 too!
Considering this, I was surprised to see Amanda Marcotte somewhat defending Franke-Ruta’s proposal:
I think raising the age of consent to be in commercial porn to 21 could have to potential to protect youthful sexual experimentation. At least in the case of “Girls Gone Wild”, the presence of Joe Francis and his cameras has turned things like Mardi Gras from occasions of joyous debauchery to mean, misogynist events that aren’t nearly as fun as they used to be. It’s a shame that there’s no space for kids to experiment with some public debauchery anymore without some dick shoving a camera at them in the process of making porn movies that are punitive in nature.
This quote (in Franke-Ruta’s article) might be taken somewhat out of context, as Amanda is usually all about trusting women to be smart enough to make their own decisions (and she does some hemming and hawing in the rest of her full post), but I think it’s interesting to look at the whole porn-age-of-consent thing from a feminist perspective. I guess it all depends on whether you’re more of an all-porn-is-exploitative feminist or a women-should-be-able-to-make-their-own-decisions feminist (or, god forbid, a porn-empowers-women feminist). But Jill had a really interesting post at Feministe earlier this week about the new-wave of anti-abortion-activism oozing with faux-concern for how “abortion hurts women,” and should therefore be banned because women don’t even realize what’s good or bad for them. On the some-women-regret-their-abotions front, Jill writes sarcastically:
But since women may regret a choice that they made, we should clearly take away the right to make that choice! The 1873 Court could see this one coming from a mile away — if you give women choice and freedom, they’re gonna just go and muck it up. Better to just make their decisions for them.
I say we take this a step further and really ensure that women don’t regret anything ever. We should institute a fresh new system wherein women are property of their fathers until their father chooses who they marry (wouldn’t want her to mess that up and have to get a divorce — just look what happened when we gave women full divorce rights!), and then their husband controls all of the money, property, progeny and decisions. Obviously she would stay home and raise the children — in the manner dictated by her husband, of course, since the children would be legally his. Wouldn’t want her to make a bad parenting decision and regret it forever! And we definitely wouldn’t want her to regret going to school or getting a job.
Extreme (but fabulous) snark aside, this can really be applied to Franke-Ruta’s argument. We start not trusting 18-year-old women to make decisions about porn, we open the way to not trust them to make decisions about anything else. Regrets are a part of life. Trusting women, or young adults (or anyone for that matter) to make their own choices means that some people will inevitably make some choices they will regret. That doesn’t mean the government should make those choices for them, or that we should limit the choices of everybody else, just to offset that off-chance of regret.
This is one of my favorite quotes from one of my favorite books, a crazy-new-age-hippie-manifesto I found in the back of the-people-my-mom-used-to-work-for’s-druggie-son’s room when I was 14:
Don’t ever start thinking you know what’s right for the other person. He might start thinking he knows what’s right for you.
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