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Guest Column

Guest Column: Free speech can’t exclude adult entertainment

Madison Denis | Contributing Illustrator

Our guest columnist says while there are problems that can be found within the porn industry, access to adult entertainment should be included in our domestic right to expression.

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Online media censorship is an increasing problem in recent United States legislation. Texas’ H.B. 1811 law, requiring online spaces with a majority of pornographic content to be age-restricted, advanced to the Supreme Court after being challenged by adult industry advocacy group, The Free Speech Coalition.

The organization focused their concerns on the rights to privacy, free speech and access to websites like Pornhub.

“There are people of all ages who are trying to explore their sexuality,” Isabella Genes, a sophomore at Syracuse University studying communications design, said. “They do that in different ways which may include Pornhub.”

While problems found within the porn industry are well-documented, access to adult entertainment should be included in our domestic right to personal expression. I understand why legislators would want to restrict access that might be harmful to minors, but these age restriction laws hurt instead of help.



Requiring websites to verify a user’s age by uploading information like personal government IDs seems like an unnecessary, foreboding overstep. Out of concern for user privacy, Pornhub and other adult websites shut down their platforms in Texas for all citizens, including legal adults — suppressing the inherent rights to sexually explore and identify.

Texas isn’t the only state passing age-restriction legislation. Almost 20 Republican-dominated states have followed the same trend, resulting in Pornhub being widely inaccessible now in America.

Hannah Mesa | Design Editor

Other critics of age-restriction laws are worried that censorship and suppression could expand to other content. These laws are based on a broad definition of censoring material “harmful to minors.” Conservative legislators might take advantage of this rhetoric and criteria to argue for online censorship of the LGBTQ+ community.

Pornhub became a specific topic of questioning during the Free Speech Coalition v. Paxton case. In trying to figure out exactly which content would be inappropriate for minors, Justice Samuel Alito posed a question that went viral online.

“Is (Pornhub) like the old Playboy magazine? You have essays there by the modern-day equivalent of Gore Vidal and William F. Buckley, Junior?” the 74-year-old Justice asked.

The question hit a humorous note for those who’ve accessed the outlet before; there are certainly zero essay-style articles on progressive subjects available for the site’s audience. Nonetheless, the Justice’s comparison between the two different forms of pornographic media doesn’t sit right with me.

The juxtaposition between Pornhub and Playboy displays that Justice Alito is out of touch with the tendencies of our younger generation. But the cultural impact of Playboy and its lesser-known article content should be opening the Supreme Court’s eyes, not leading to inaccessibility.

“Playboy first existed to entertain men, but I look at it like an art form, something that can be learned from,” Genes said.

The knowledge of Playboy’s essay-style articles on relevant sexual issues is lost to the public today, a populace that idolizes the magazine’s imagery on dates like Halloween, yet fails to realize the depth of the publication. Those who’ve seen or own older copies, like me, know the publication prints more than pornography on its pages.

Articles featured in these older editions of the publication touch on surprisingly liberal topics. Gore Vidal, the American writer Justice Alito referenced, authored “Sex is Politics” in the magazine’s January 1979 edition. The piece criticizes heteronormativity and the patriarchy in American society. It’s ironic this piece was indirectly referenced considering the Supreme Court’s legislation in the past few years upholds ideals Vidal pushed against.

Playboy’s June 1968 edition, with words on environmental degradation by former Justice William O. Douglas, also features reformist content from returning readers in its collaborative column, “Playboy Forum.”

One reader’s entry was critical of Wisconsin’s birth control restrictions at the time. “I hardly dared to admit to my fellow troopers that I was a resident of such a backward state,” Donald P. Hershey said.

Playboy published many progressive hits. The publication is also validly criticized for objectifying women. Women advocates were largely left out of this political discourse despite their presence in the magazine, thanks to their visual portrayal on its pages of counter-conservative sentiments.

It’s clear that the content surrounding reproductive rights in these magazines didn’t resonate with Justice Alito, considering he voted in favor of the overturning of Roe v. Wade, a decision that led to abortion bans across the U.S.

Justice Alito was referencing the written works of Playboy, but the ignorance in his notion makes me doubt whether he truly consumed the publication for its literature.

His neglect to uphold such a monumental decision demonstrates the ignorance that accompanies a lack of media literacy. Should we continue to abandon varying forms of media, even those considered unconventional, we will be left with a set of societal regulations that don’t properly allow the exploration of self.

Legislation in America is invading the privacy of our bodies and our media. If we want to fight nationally against moving backward in time, we must use media of the past to inform us. Those appointed to the highest positions in our government must also be aware of progressive works, even more so when they choose to reference them with nationally impactful policy on the line.

We should always be critical of those who are trying to silence our voices, regardless of the taboos obscuring important dialogue.

Bella Tabak is a junior majoring in magazine journalism. She can be reached at batabak@syr.edu.

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