Porn Is Protected Speech. Trump’s New Presidency Will Test That Sentiment. The Courts Can Uphold It.
The die is cast. Donald Trump is heading back to the White House – a remarkable victory. But a lot of people who work in the adult entertainment industry are understandably scared
The die is cast. Donald Trump is heading back to the White House – a remarkable victory. But a lot of people who work in the adult entertainment industry are understandably scared. From the concerns for LGBTQ+ rights under the new Trump presidency to access to reproductive care at a state and national level, the next four years will be a significant challenge.
While all valid concerns that I share, it is the specter of the Heritage Foundation’s Project 2025 agenda that frightens me most. Previously, I’ve written across various outlets, like Techdirt, to address the “masculine policy” Trump and his new vice president, Sen. J.D. Vance of Ohio, and his allies envision to “make America great again.” Kevin Roberts, the president of the Heritage Foundation and the de facto head of Project 2025, a so-called “presidential transition project,” laid out the administration’s position on key culture war issues, such as access to online porn.
Roberts wrote in Mandate for Leadership: The Conservative Promise, Project 2025’s incendiary policy treatise nearly 1,000 pages long, that their camp believes “pornography” and “pornographers” should be imprisoned and stripped of First Amendment protection. Some folks have characterized Roberts’ words as simply rhetoric, but the past twelve months have verified a coordinated effort to significantly claw back the rights of all sex workers and adult industry firms.
This time around, Donald Trump has surrounded himself with outspoken Christian nationalists who want to demonize and then criminalize sexual expression that is otherwise protected by the First Amendment.
Russell Vought, one of the central architects of Project 2025, was caught on hidden camera a few months ago confirming that the efforts to ban porn will go through a so-called “back door” framework via a patchwork of state-level age verification laws and efforts in a newly GOP-controlled Senate. In addition to that, Vance has supported a porn ban. It was also under Donald Trump’s last term that the FOSTA-SESTA monstrosity that decimated legal sex work on the internet came to fruition. Imagine what will advance under Trump.
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