NLGRev 68-2[1].indd - National Lawyers Guild
NLGRev 68-2[1].indd - National Lawyers Guild
NLGRev 68-2[1].indd - National Lawyers Guild
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editor’s preface<br />
By far the longest feature in this issue, Dianne Post’s “Legalization of<br />
Prostitution Is a Violation of Human Rights” is a response to a similarly<br />
thorough article in issue 66-3 of this law review entitled “Freeing Jane: The<br />
Right to Privacy and the World’s Oldest Profession” by Benjamin David<br />
Novak. 1 In that article Mr. Novak argued that the Due Process Clauses of the<br />
Fifth and Fourteenth Amendments to the Constitution confer a general right<br />
to sexual privacy that includes the right to work as a prostitute. This bold<br />
and controversial article did more than merely make a legal case against the<br />
continued criminalization of sex work. “Freeing Jane” also made the much<br />
larger political and sociological claim that legalizing prostitution would<br />
promote the public good by de-stigmatizing sex workers, decreasing sexually<br />
transmitted diseases and giving women more autonomy over their own<br />
bodies and sexual identity.<br />
Apart from its scholarly merits, “Freeing Jane” was intended to serve as<br />
an invitation to further discussion of an issue about which <strong>Guild</strong> members<br />
have long been split. It wasn’t at all surprising that the article immediately<br />
elicited both spirited approbation and dissent from readers. The <strong>Guild</strong> has<br />
a history of internal amicable disagreement on the question of the compatibility<br />
of women’s rights and certain forms of sexual liberation. The roughly<br />
contemporaneous twin phenomena of second-wave feminism and the sexual<br />
revolution passionately divided the <strong>Guild</strong> a little more than 30 years ago years<br />
ago when, at the height of what’s now called pornography’s “Golden Age,” an<br />
anti-pornography resolution was proposed at the <strong>Guild</strong>’s national convention. 2<br />
______________________<br />
Continued on page 128<br />
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