The Restriction Of Pornography And The First Amendment

Despite these valid arguments, many opposers of restricting obscenity and pornography try to argue for the use of pornography because it is an expression of freedom of speech guaranteed by the First Amendment. The First Amendment of the United States Constitution states: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech or of the press […]” (Ramond). From this, supporters of pornography consider it a kind of speech and restricting this material would be a violation of freedom. Proponents “argue that since pornography is published material, it should be treated no differently than any other book, magazine, or movie” (“Pornography and the First Amendment”).

In the United States, there are several types of speech that are not protected by the First Amendment and are illegal. For instance, child pornography is prohibited in all forms in the United States because children are harmed. Most attempts to eliminate child pornography focus on children as being victims of sexual abuse. This content has become more easily accessible on the internet because it is so common and is being accepted into society. The Supreme Court has made several efforts to eliminate child pornography on the internet with one being the enactment of the Child Pornography Protection Act of 1996 (CPPA). This law deemed child pornography on the internet illegal due to the sexual abuse and harm it causes to both the child and society. Likewise, obscenity and pornography on the internet causes people to act with sexual aggression and can lead to sexual abuse due to the severity that this hardcore porn depicts. Obscene porn shows harm being done to those involved such as rape, abuse, beatings. This type of rape porn can cause people to become sexual predators and lead them to perform these harmful

This industry has an eye-catching revenue amount. In 2016, the adult entertainment industry generated $13.3 billion in revenue from several items, including internet sites (Middleton, et al.). It is estimated that $3,075.00 is being spent on pornography each second (Fitzgerald and Grossman). Proponents of the pornography industry argue that online pornography should not be restricted because it will hurt the economy. Also, associates of the industry believe that if online porn is restricted it will cut into their profits; however, most of the porn on the internet is free of charge. According to Covenant Eyes, “free [pornographic] websites comprise between 70-80% of the adult material online.” These sites are “typically used as “bait” for pay websites, guiding viewers to premium pay services” (“Pornography Statistics”). By restricting the access age to 21 and making all porn sites a paid service, the industry will still bring in billions of dollars per year in revenue. The only change in this is that people of age will be able to view the content, thus reducing the access to children and young adults. Overall, restricting online general pornographic content would not destroy the porn industry, but would help to censor the material to those who are of