David Ogden, Meet Charles Darwin
In United States v. American Library Association, Ogden filed a friend-of-the-court brief for the library association arguing that the Children’s Internet Protection Act violated the First Amendment by compelling libraries who are suckling from the federal teat to install software on PCs blocking access to pornography. After all, the world would surely come to an end, and fundamental human rights violated, if a derelict couldn’t ogle porn at the local library.
Ogden has also shown himself willing to go to the mat to defend the practice of sodomy. In Watkins v. United States Army, Ogden argued that GLBT types should be allowed to serve in the military. He wrote, "Prejudice against lesbians and gay men in the Army is likely to be reduced by encouraging contact between homosexuals and heterosexuals; and there was no rational basis for the Army's exclusion of gay people."
He is clearly a big believer in a “living, breathing” constitution. In 1986, again defending homosexual sodomy, Ogden wrote, "Constitutional interpretation cannot be limited to ascertain the way a particular law would have been viewed by the Framers. While constitutional principles do not change, the society and individuals in whom they are applied do, and our knowledge about that society and those individuals improves with time."
There is more, but unpacking Mr. Ogden’s bizarre legal theories isn’t the point. Rather the point is to show how fundamental assumptions about life and reality play themselves out.
Above Mr. Ogden provides an example of Darwinism applied to legal theory. In this view, law is not something transcendent or permanent, but rather like clay to be molded by elite lawmakers and judges. The law is thus constantly evolving, but largely for the furtherance of elite objectives. Indeed the propagation of the Sexual Revolution is largely used as a tool to advance totalitarian and statist objectives wherein the “right to privacy” becomes a weapon to disrupt family and sexual order and erode traditional liberties in the name of autonomy.
Darwinism is also at the heart of pornography. Porn is fundamentally religious in nature, but the god in view is not the triune God of scripture. Rather pornographers are worshipping at the altar of chaos. For the ancient pagans, chaos was systematically ritualized into life through festivals and fertility cults. Chaos was the source of fertility, potency and primordial power. It was regenerative, in some sense the source of life.
Through the mythology of evolution chance and randomness have re-entered modern life, again becoming the source of change, power and life. And through the evolutionary paradigm chaos has again become a prominent feature of contemporary life.
If chaos is fundamental to life then a penchant for primitivism soon develops. The primitive man allegedly operates outside the law, is beyond good and evil, and thus becomes a hero to revolutionaries such as Rousseau and Margaret Mead. Soon thereafter a revival of paganism, astrology, witchcraft and magic follows as a culture seeks power in chaos.
Primitivism and chaos also spawn political movements devoted to the ideology of revolution. It is no accident that pornography flooded France prior to the Revolution.
That pornographers have the support of lawyers and government officials who claim to be “liberals” is no surprise. The Obamaites are, after all, quite eager for “change” and are revolutionaries at the core. In the 20th century liberalism had a flirtation with collectivism. The goal of contemporary liberalism is the empowerment and divination of the state. But for the state to become imperial in scope all mediating institutions must be destroyed. Families, communities, sub-national political entities—all must be flattened by the crusading state allegedly acting in the name of individual liberty.
Pornography, then, is little more than an expression of devotion to the gods of chaos and revolution. It seeks to uproot and destroy standards of morality and law. Likewise it is a dagger aimed directly at God’s primary institution, the family. Legislation alone will not stem the tide of filth flowing into the culture like an open sewer. Rather the assumptions, hidden and open, of pornographers must be unmasked in tandem with evangelization and a rigorous transmission of a comprehensive Christian worldview.