MacKinnon's treatment of the central issue of pornography as she herself poses it - the harm that pornography does to women - is shockingly causal. Much of her evidence is anecdotal, and in a nation of 260 Million people, anecdotes are a weak form of evidence.
Richard PosnerThe Constitution has to be interpreted loosely, otherwise it becomes a straitjacket. You can't interpret it literally. You can pretend to, and go digging around in 18th Century dictionaries to figure out what 'cruel and unusual punishment' meant or what the 'right to bear arms' meant, but that is all fake really. The Constitution has to be interpreted in light of modern needs, and that's what they (the strict interpreters) end up doing in spite of all their investigations.
Richard PosnerViolent video games played in public places are a tiny fraction of the media violence to which modern American children are exposed. Tiny - and judging from the record of this case, not very violent compared to what is available to children on television and in movie theaters today.
Richard Posner