Three important bits from my day yesterday:
1. My new editor? EDITS. Like, for real. She doesn’t ask me to do her job for her; she doesn’t pass her job off to anyone else. She does this cool, ingenious thing where she reads the material, makes smart changes, suggestions and notes based on the actual material, returns them efficiently, and passes them over to me to ask my input, which she has an actual interest in. My new editor? Advocates for me to the publisher, to everyone else involved in the project. My new editor has renewed my faith in the publishing industry. My new editor is my new shero.
2. I realized the other day that not only did I not know what the hell the FDA decision on OTC emergency contraception meant in practical application, no one else really seemed to either. Given the growing rate of pharmacist refusals, even for scrips, this seemed kind of important. So, I researched all day and made a lengthy post with all the info I could find here and cross-posted it at the All Girl Army. This also includes information on what to do per refusals, and arrangements I made with my lawyer at the ACLU about forwarding refusal reports to their repro rights sector for possible future cases against these assholes. So, pass the info on, if you would, to the women you know, especially in states and areas where refusals are more likely. Thanks!
3. So, the latest news in the Child Online Protection Act case is that the government filed a motion asking to dismiss the case (against them, against COPA) brought forth by the ACLU, myself and a handful of other plaintiffs, on the grounds that our case against them was frivolous.
Why, according to them, was our challenge without basis?
Because according to the U.S. government, none of us have prosecution to fear under COPA.
All of us being concerned that if we did not put up an age screen we would be prosecuted is vital to us having a grievance. To refresh your memory, the basic terms of COPA are such:
“Whoever knowingly and with knowledge of the character of the material, in interstate or foreign commerce by means of the World Wide Web, makes any communication for commercial purposes* that is available to any minor (without using a credit-card based screen to assure the user is 18 and over) and that includes any material that is harmful to minors shall be fined not more than $50,000, imprisoned not more than 6 months, or both.”
* Understand that if I use my portfolio site to sell prints or net new photo clients, that’s commercial. If I use Scarleteen to sell my book, or make any revenue at all, that is commercial.
“The term “material that is harmful to minors” means any communication, picture, image, graphic image file, article, recording, writing, or other matter of any kind that is obscene or that–
(A) the average person, applying contemporary community standards, would find, taking the material as a whole and with respect to minors, is designed to appeal to, or is designed to pander to, the prurient interest**;
** the legal definition of “prurient interest” is: a morbid, degrading and unhealthy interest in sex, as distinguished from a mere candid interest in sex. I bet you just love such a scientific approach, don’tcha?
(B) depicts, describes, or represents, in a manner patently offensive with respect to minors, an actual or simulated sexual act or sexual contact, an actual or simulated normal or perverted sexual act, or a lewd exhibition of the genitals or post-pubescent female breast; and
(C) taken as a whole, lacks serious literary, artistic, political, or scientific value for minors.”
In other words, if even a given itty-bitty community — such as, oh, let’s say, half the populace of this country who voted for Bush in the last election — decided that by their standards, my work isn’t artistic, isn’t educational, isn’t scientific, was offensive to minors, or was designed to appeal to “unhealthy or degrading” sexual interest, and I do NOT have an age screen up (which, obviously, in the case of Scarleteen particularly, is a contradiction in terms), I’d be looking at jail time or tens of thousands in fines. I’d absolutely be looking at the close of my sites, full-stop.
Why would I POSSIBLY be so silly as to be concerned about this?
In a country where my own government refuses to fund comprehensive sex education? In a country where a woman who does not meet this or that beauty ideal or this or that normative sexuality model (like, say, being heterosexual, or bisexual only when it’s pretty and looks like what men want it to) expressing her own authentic sexuality is often expressed on bulletin boards in group conversation as more morbid and obscene than a Girls Gone Wild ad? In a country where I have even had intellectuals and academics state that what I do is NOT art, that certain stances of mine ARE harmful to minors? Where I can read pieces from other writers stating that readers going to Scarleteen are being sent “into the open arms of pornographers eager to encourage them to see themselves and others as soulless sex objects to use and be used?” (I refuse to give Dawn Eden traffic: if you’re curious, google.) In a country where I can with a simple flick of the search engine find endless articles stating that I am encouraging teens to become lesbians (oh, would that I could: to be able to reduce teen pregnancy, STI transmission, and years of unsatisfying, compulsory sex many teens girls have in one fell swoop? Please. I wish.) and engage in that oh-so-ooky-and-immoral “homosexual activity?”
Why, oh why, would I have ANY concern living in a country in which some towns continue to support domestic abuse, shame raped women, name-call lesbians and gay men, fetishize fat women, older women and menstruation because of how “gross” they are, and feel that unwanted pregnancy is a justified punishment for wayward women who have the audacity to have sex when they don’t want to be married or pregnant? In this fantastic wonderland where I’m well aware that when my book comes out, I can forget about the most major superstore chain carrying it because it’s so immoral and obscene, and all the worse because I have the unmitigated gall to not only talk about sex outside marriage, but about gender equality for women? In a country which allows for legal adults to make arseloads of money off the dramatic, pornographic, and inauthentic portrayals of adults parading as “Barely 18’s,” but tells the ACTUAL barely-18’s that they have no right to the ownership and expression of their bonafide, non-commerical and authentic sexuality or consensual sex lives, or forms of birth control by which to manage some of same?
In this veritable utopia in which the NEA can’t deal with Karen Finley (it was a yam, for crissakes, not a rocket launcher), classical statues’ breasts are covered with drapes, 30% of a parenting magazine’s readership calls a tasteful photo of an infant breastfeeding obscene and hides the magazine from their children for fear of their lost decency, women’s right to ownership of our own bodies is challenged daily, and in which, even if I wanted to, I couldn’t likely ever go back to teaching Kindergarten because I not only allowed myself to be seen unapologetically nude, I’ve gone and made the whole deal worse by being that naked lady who doesn’t tell sexually active teenagers that they are making a horrendous mistake, refers young adults to abortion clinics, and doesn’t do the smart thing, the good thing, and tell gay teens that they’re just “confused” and obviously simply haven’t met the right man or woman yet?
Yeah, I just don’t know why I’ve been so worried, especially here, in this absolute honey of a progressive, forward-thinking land I live in. Clearly, I’m paranoid. Clearly, the communities in my country, while they may feel all of the above, still think the work I do is of infinite value and no trouble at all for minors. Or, as the documents from the motion filed states, my concerns are “illusory.”
We’re likely still going to trial in October/November; the ACLU is filing an opposition to this motion this week.
But to file that motion, and do their level best to get our challenge tossed out, see, they had to try and convince the judge that none of us plaintiffs had anything to worry about if COPA went into effect was sound. They had to SELL it, sister.
“(Scarleteen) offer(s) health, scientific and political information specifically geared towards teenagers. In addition, it does not contain any photographs of sexual acts, nor could the educational dissemination of sexual information in a manner geared towards teenagers be considered “patently offensive” to minors. It also has seriously scientific value for minors…
Ms. Corinna identified several pages in her deposition about which she feared prosecution under COPA. These pages are: an article about a 15 year-old’s experience with being a gay teenager (dig that, Jhames!), instructions for putting on a condom, and the Scarleteen message boards. A review of these pages demonstrates that… it is information that is age-appropriate for older minors, which is the goal of the Scarleteen website. COPA was not designed to prohibit the type of information that Scarleteen offers…
(the pages of Scarleteen) are designed to educate teenagers about sex, have serious value for minors, and are not designed to pander to the prurient interest.
…those articles, as well, (which also) have serious value to minors.”
This is probably one of the best reviews I have ever gotten for Scarleteen.
From the federal government under the Bush administration. From an administration which, per its policies and practices, feels comprehensive sex education does NOT have value, and has been crystal clear on that point…unless it’s coming from me! Whee! I’m so special!
“the Femmerotic material…is artistic as well as political.”
And lookie here! My work is finally made clear to be capital-A Art at long last. So nice to have it all shiny and certified!
Here’s the beauty of this. The federal government has not only just handed me a very glowing review, but a Get Out of Jail Free card. A very real one, when it comes to its practical application.
Even IF COPA passes (and I don’t think it will, really: I feel confident we’re going to win this thing, again), myself and all my sites (this one, Scarleteen, Scarlet Letters, and my personal portfolio) are essentially free and clear. I have the material equivalent of a lifetime doctor’s note to get out of gym class because I’ve got bad cramps. Should the government ever decide to try and prosecute me (or sites very similar to mine:”COPA was not designed to prohibit the type of information that Scarleteen offers”), all this girl’s got to do is wave this text around and have it laughed right out of court, because in THEIR own words, my work is now exempt. They have just made it all but impossible to prosecute me for my work — or anyone with similar work — with their own words, however much they conflict with their own policies and platforms.
Did they actually mean the stuff they said about my work, or did they just want to ditch this case that badly? Who knows. They might have meant it (the two lawyers who deposed me were cool enough, despite who they chose to work for). They might not have. We’ve no way of knowing. But it makes absolutely no difference because they said it, in a legal document, signed by the Assistant Attorney General, and a handful of gov’t lawyers, in the service of Alberto Gonzales.
In other words, this is a win-win situation, kids. (And just really, really funny in the most wonderful way.)
I spent all of yesterday with a ridiculous grin on my face, because you know, it’s not everyday that when the U.S/ government shoots itself in the foot, you not only be out of the crossfire and keep your friends out, too, but their blunder is to your benefit, especially when you’re just some weird queer feminist chick who spends her days explaining sex to teenagers and contemplating her ovaries as art and politic. It’s not every day that activism actually pays off in a tangible way you have put your hands on.
Yesterday? Was a Very Good Day. Mr. Price came home, we reviewed our days together, and he said, “You did a good job saving the world again today.”
And maybe I did. But not without help from the fine folks at the ACLU and…
(take a moment, now, because I can almost assure you you will NEVER hear these words out of my mouth again, so best we all relish them)
…my good pals at the Bush administration!
(Yeah, it’s still funny. Think it’ll remain so for a good, long while.)
posted in Heather Corinna, aclu, copa, reproductive rights, bookish bits |
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