Should there be stricter laws against pornography?
The porn industry is worth an estimated $97 billion dollars worldwide, so there is no doubt there is money to be made. But should pornography be able to rein freely, or should laws against it be stricter?
Rise of the Issue
When the internet became widely accessible, so did online pornography. Everyone with a smartphone now has porn at their fingertips 24/7. Today’s porn industry is worth an estimated $97 billion dollars worldwide, an indication of its popularity. Yet, some argue that pornography and its consumption can have negative effects and therefore should not be so easily accessible.
Those in favor of stricter regulations around pornography put forward arguments against its immorality, the negative impacts it can have on children and teens, as well as the exploitative practices it harbors. Those against believe eroticism to be a form of entertainment and freedom of expression that is consumed in the private sphere, and that government interference in this matter would not be appropriate.
Issue Timeline
1920s
First “Modern” Pornographic Movies Were Made
With the new technology of the motion picture arising two decades earlier, pornographic materials including explicit content were produced for the first time.
1957
First Amendment Ruled Not to Protect Obscenity
In the case of Alberts v. California, the Supreme Court ruled that materials deemed obscene are not afforded protection under the right to free speech instilled in the First Amendment.
1970s
Porn Industry Increases Exponentially
With the sexual revolution in full swing, the pornographic industry rapidly expanded and its commercial interests worldwide increased significantly.
1973
Supreme Court Rules on Determining Obscenity
In the case of Miller v. California, the Supreme Court determined rules which can be used to determine whether something is considered obscenity under the law, making it illegal to sell or distribute.
2000s
Use of Internet Porn Spikes
The rise in internet access and the popularity of online videos led to the rise of free online pornographic platforms which still dominate the market today.
2022
Virginia Rules Obscenity Law Unconstitutional
During a case aimed at keeping two specific titles from being sold under the guise that they were considered obscene, the Virginia Court rules that the law regarding obscenity was unconstitutional on due process and free speech grounds.
Micro Issues
A.
Morality
The two sides have opposing views on the morality of depicting sexually explicit acts for the purpose of eroticism.
B.
Exploitation
While one side focuses on the freedom of expression of the people partaking in the production of pornographic materials, the other side worries about exploitative practices in the pornographic industry.
C.
Government Interference
Opponents say stricter regulations means unnecessary government interference in what people consume behind closed doors, while supporters say the safety and well-being of consumers and participants should be prioritized.
Pro Arguments
1.
It could help prevent children being subjected to pornographic images.
Stricter laws can help ensure underage children do not have access to pornography.
2.
Pornography often depicts unrealistic situations.
The scenarios seen in porn are often not reflective of day-to-day sexual experiences, and can lead people with little experience to have unrealistic, and sometimes dangerous, expectations.
3.
There is exploitation in pornography.
Although there are many who partake in pornography willingly, there are others that are being forced. Stricter laws could help prevent these exploitative practices.
4.
Young people are more sensitive to explicit materials.
Stricter laws could help prevent adolescents from accessing pornography, since studies have shown consuming pornography at a young age leads to more stress and anxiety.
5.
Stricter laws could help prevent desensitization.
Consuming pornography at a high volume makes those watching desensitized, craving increasingly extreme, explicit, and sometimes even violent content.
Con Arguments
1.
More laws around pornography affect the livelihoods of adult performers.
For people who work in the adult entertainment industries, additional regulations could affect their ability to earn a living.
2.
Regulations affect the privacy of those involved.
Additional laws, such as distributors recording ages and real names of adult performers, affect the right to privacy of adult performers who may want to remain anonymous.
3.
It affects consumers’ right to free speech.
While the Supreme Court ruled that obscenity is not covered by the right to free speech, not all pornography is considered legally obscene.
4.
Stricter laws against pornography could be a form of censorship.
Suppressing certain movies or images that are considered socially unacceptable is a form of censorship.
5.
Government is interfering with something that is supposed to be private.
Most pornography is consumed in a private setting, and more regulations would mean government interfering in what happens behind closed doors.