[230] Kai T. Erikson, Wayward Puritans: A Study in the Sociology of Deviance (1966). Erikson's work points to the social shaping of deviant categories and of identities.  

[231] Id. at 22 (emphasis added).
Another work that emphasizes the necessity of transgression to the social order is Rene Girard, Violence and the Sacred 106 (Patrick Gregory trans., 1972) (discussing royal incest rituals). Girard contends that transgression serves a ritualistic, normative function which reaffirms cultural stability. See id. at 257.

See also Stephen Greenblatt, Renaissance Self-Fashioning: From More to Shakespeare (1984). Greenblatt contends that the formation of individual identity requires the existence of an "alien" to attack. He writes:

"Self-fashioning is achieved in relation to something perceived as alien, strange, or hostile. This threatening Other - heretic, savage, witch, adulteress, traitor, Antichrist - must be discovered or invented in order to be attacked and destroyed." Id. at 9.

For a classic exploration of related themes, see Herbert Marcuse, Eros and Civilization 49-51 (1966).  

[232] Erikson, supra note 230, at 14.  

[233] Erikson, supra note 230, at 20.
Erikson's work focuses on the necessity of deviance in the formation of group identity; he views deviance as part of community's "overall division of labor." Id. at 19.  

[234] Id. at 17, 22.  

[235] Id. at 23 (quoting George Edward Ellis, The Puritan Commonwealth, in The Memorial History of Boston 166 (Justin Winsor ed., 1880)) (describing early Puritan crime).
Erikson elaborates the point, noting that the deviance came in the exact reflected image "of those values which stood at the core of the Puritan consciousness." Erikson, supra note 230, at 23.

[236] See 141 Cong. Rec. S13, 540, S13, 542 (1995) (statement of Sen. Hatch). See supra notes 196-200 and accompanying text for a discussion of the provisions of the Act.  

[237] See Philip Elmer-DeWitt, On a Screen Near You: Cyberporn, Time, July 3, 1995, at 38.  

[238] See Associated Press, FBI Ready For Raid On Computer Child Porn, Plain Dealer (Clev.), July 6, 1995, at 5B, available at 1995 WL 7118712.  

[239] Here is the text of one of the commercials as quoted in Calvin's Provocative Portfolio, Advertising Age, Sept. 4, 1995, at 34. The scene depicts an awkward good looking pubescent boy in a T-shirt and jeans. He stands in a cheaply wood paneled basement and addresses an off-camera male voice.  

Off-camera voice [OCV]: You got a real nice look, how old are you?

Model: Twenty-one [clearly lying].

OCV: What's your name?

Model: August.

OCV: Why don't you stand up ... are you strong?

Model: I'd like to think so.

OCV: You think you could rip that shirt off of ya?

Model rips off T-shirt

OCV: That's a nice body ... do you work out?

Model: Uh huh.

OCV: Yeah, I can tell.  

[240] Deborah Voorhees, Ad Watchdog Has an Eye for Howlers, Dallas Morning News, Feb. 18, 2000, at 53, available at 2000 WL 14655897 (quoting Bob Garfield, advertising critic for Advertising Age).  

[241] The FBI reportedly investigated the possibility of issuing criminal child pornography charges against Klein, but never went forward.
See Paula Span, Sexy  Calvin Klein Ads Spark FBI Inquiry, Wash. Post, Sept. 9, 1995, at A1.
The fact that the models were clothed in the ads presumably would be no bar to prosecution under the Knox court's interpretation of the federal anti-child pornography statute. It was unclear from press reports whether any of the very young looking models were actually minors.

[242] Heavy Hitters Pull No Punches, Advertising Age, Dec. 18, 1995, at 16 (stating that the "hype" over controversial ads convinced teens that the jeans must be cool, and product flew off the racks. "Mr. Klein expects jean sales will nearly double this year").  

[243] For work establishing that transgression is the basis of youth culture, see Dick Hebdige, Subculture: The Meaning of Style 17-19 (1991).  

[244] Valerie Walkerdine, Popular Culture and the Eroticization of Little Girls, in A Children's Culture Reader, supra note 49, at 254;
see also Sarah Boxer, 'Lolita' Turns 40, Still Arguing for a Right to Exist, N.Y. Times, Aug. 1, 1998, at B9

("every man, woman, and child among us has become a vile, pustulating pedophile," quoting writer Damon Treat, who wrote about "the new Lolitocracy").

[245] See, e.g.,

Britney's Wild Ride, People, Feb. 14, 2000, at 98
("Your 12-year-old daughter's favorite popster is a pouty teen temptress who sings 'Hit Me Baby One More Time.'");

Nicholas Barber, Hit On Me Baby One More Time (But Sex Is Out Of The Question), The Guardian, Aug. 13, 2000, at 8 (describing the "soft porn fantasy" Rolling Stone photo shoot that "pictured Spears in her underwear, toy teletubby under one arm in a pink bedroom" being sold as a "jailbait man-pleaser").

[246] Richard Goldstein, Nymph Mania, Village Voice, June 17, 1997, at 48.

[247] Andrew Wallenstein, Pretty Girl, Ugly Media: Pageant 'Issue' a Flimsy  Excuse for Exploiting Model's Slaying, Ariz. Republic, Feb. 5, 1997, at B5 (quoting Dan Rather).  

[248] Some of the prominent contemporary artists whose work depicts child nudity include Jock Sturges, Larry Clark, Wendy Ewald, Henry Darger, and Jake and Dinos Chapman (who were among the notorious "Sensation" artists).  

[249] Manet's Olympia is in turn based on Titian's Venus of Urbino, from which the Mann photograph takes its title.  

[250] See Jim Lewis, Larry Clark: What Is This?, Parkett No. 32, June, 1992, at 21.  

[251] See supra notes 188-190 and accompanying text, explaining lack of protection for works that may contain artistic value.  

[252] See Kids (Miramax 1995) (chronicling sexual activities of young teenagers in New York City).  

[253] Walkerdine, supra note 244, at 257.  

[254] Marina Warner, Six Myths of Our Time 59 (1994) (also noting that in current pornography, "children have in many ways replaced women");
see also Higonnet, supra note 5, at 10-11 (asserting that "more and more sexual meanings are now being ascribed to photographs of children both past and present ... .").

[255] Emily Driver, Introduction, in Child Sexual Abuse 23 (Emily Driver & Audrey Droisen eds., 1989);
see also Bell, supra note 8, at 78 (documenting and evaluating feminist arguments on this point).

Feminists argue that it is not just the sexualizing of children that is at work; the valorization of women's youth and of female childlike behavior also reflects this perversity. Id.  

[256] Bell, supra note 8, at 82.  

[257] As I discuss in Part I.B.3, supra, the statistics are hard to interpret on this point.  

[258] New York v. Ferber, 458 U.S. 747, 760 (1982).