The Role of Law in Combating Pornography

By Robert Peters, President of Morality in Media

Introduction

I began my employment at MIM as a staff attorney, and one of my responsibilities was to provide at seminars and workshops an overview of laws that apply to pornography and "adult businesses." I soon discovered that even among those who are concerned about pornography, not everyone has a deep interest in learning about the laws -- especially, when the subject moves beyond generalities into the specifics.

This article is not about specifics but about the need or justification for laws to combat pornography. I might add that the broader debate about the role of law in a free society is one of the most hotly debated and important issues of our time. How we resolve this debate will determine in significant measure how we will live.

The purpose of law

What then is the purpose of law? This question cannot be fully answered in an article of this length or by this author; but, clearly, one purpose of law is to protect the community and individuals by prohibiting or regulating what is harmful.

What are the sources of law?

The first source of law is God Himself. I think the great majority of our nation's founding fathers understood this, and throughout most of our nation's history the Constitution was accordingly interpreted in light of a higher law.

A second source of law is the American people acting through their elected representatives. This is one answer to the cry of porn defenders, "Stop imposing your morality on me!" It's not my morality -- it's community or "consensus" morality.

A third source of law is judges; and as I see it, the main (but by no means the only) reason we have so much porn and "adult entertainment" in the United States today is the Supreme Court -- which has more than once ignored the will of the people, common sense, the history of the First Amendment, and its own prior decisions.

Why is law necessary?

One reason law is necessary is because there are bad people in the world. As the Apostle Paul put it, "The law is not for the righteous but for evil doers." Efforts at spiritual conversion, moral persuasion and economic pressure are needed; but some will refrain from evil only when faced with a threat of law enforcement or actual enforcement.

I would add that sexual addiction does not easily yield to moral persuasion or even to spiritual conversion; and boycotts don't work against "adult businesses" because we don't buy their products and their customers won't participate.

Law is also a teacher, especially when enforced. Enforcement of obscenity laws alone will not eliminate all hardcore pornography, but enforcement will reinforce the message that pornography is a moral and social evil. Perhaps one reason why some "mainstream businesses" are now in the business of selling hardcore pornography is because their owners no longer know the difference between right and wrong.

What happens when good laws aren't enforced?

To answer this question, we need only look at what happens when federal and state obscenity laws aren't enforced.

First, as more hardcore pornography is sold, more is produced, creating a demand for more porn "performers" -- many if not most of whom are teens or look like teens.

Second, as more "adult businesses" open, there are more public venues for anonymous sexual encounters and the resulting spread of STDs, including AIDS.

Third, as more "adult businesses" open, more neighborhoods in communities large and small are adversely affected.

Fourth, as more hardcore pornography becomes available, more youth are exposed to it; and the porn they are exposed to is more violent, degrading and perverse.

Fifth, as more persons become addicted to hardcore pornography, more marriages are prevented or adversely affected; and more persons act out porn induced and fueled sexual fantasies -- oftentimes in a criminal manner.

Sixth, as more persons are exposed to hardcore pornography, more are influenced to adopt its "values" and lifestyles -- which contributes to the breakdown of morality.

Other harms include the tie between hardcore porn and organized crime.

What are the limits of law?

A first limit on law is the "nature of the beast." As with illegal drugs, there is both a supply and demand side to the problem of illegal pornography. Law enforcement is aimed primarily at the supply side. Public education, professional counseling and religious teaching and exhortation are needed to help reduce the demand.

A second limit on law is "philosophical concerns" about Big Government. I share that concern, but laws protecting public morality and the welfare of children are not an expansion of government. They are an historic application of the police power.

Our society was founded on the concept of "ordered liberty." No society will long prosper (let alone survive) with a government powerless to protect public morality and a people incapable of or unwilling to exercise restraint. Anarchy is an enemy, not a friend, of the cherished freedoms our Constitution was intended to protect and foster.

I would add that the best way to limit government is to reduce the need for it. There would be less need for obscenity laws if "mainstream businesses" got out of the hardcore porn business and if those who truly value political and religious freedom would spend their energies exposing the evils of pornography instead of defending it.

Protecting children from Internet pornography

To better understand the importance and limits of the law, it will help to look at the question, "What can parents do to protect their children from Internet pornography?"

First, parents can use screening technology on their home computers and monitor their children's use of home computers. But no screening technology is perfect; some youth know how to circumvent technology; and some parents are unable to provide needed supervision. And what happens when the children are away from home?

Second, parents can talk to their children about the dangers of Internet pornography and predators. But some parents aren't good talkers; some children aren't good listeners; and some problems are too severe to be solved by instruction.

Third, if a child has a problem with sexual addiction, parents can seek the help of a professional counselor. But counselors who deal with the problem of sexual addiction will be the first to say that sexual addiction is not always easy to overcome.

Fourth, parents can ask Internet Service Providers to block everyone's access to hardcore pornography. Blocking everyone's access would reduce the supply by reducing demand for it. At this point, however, many if not most ISPs are profiting, directly or indirectly, from Internet porn. They also seem incapable of understanding the difference between freedom of speech and depictions of hardcore sex for purposes of sexual arousal.

There is one more step that parents can take to protect their children from Internet pornography. They can make complaints about hardcore Internet pornography to their local U.S. Attorney -- and to members of Congress. Members of Congress (usually Senators) recommend individuals for appointment as U.S. Attorneys. Congress also funds the U.S. Justice Department and should provide oversight of the Department.

Vigorous enforcement of U.S. obscenity laws won't solve the whole problem of children being exposed to pornography on the Internet. But enforcement will make it more difficult for hardcore pornographers to conduct their business. Many will be put out of business. Others will choose to get out of the business. Instead of the American people being on the run from pornographers, it will be the other way around. And children will get the message: There is something wrong about pornography.

Protecting copyrighted entertainment on the Internet

Mainstream entertainment media companies are currently waging an all-out war to protect copyrighted songs, films and games from unauthorized copying on the Internet.

These companies have spent millions developing technology to prevent copying, and they insist that Online Service Providers do their part to prevent unlawful copying of their products. Public schools are also trying to teach students in online ethics courses that unauthorized copying is a form of theft.

But these companies are also making vigorous use of existing laws to protect their products; and they have successfully lobbied Congress to pass new laws.

Many of these same companies, however, also lobbied against (and joined in legal briefs opposing) laws to protect children against online pornography. When it came to kids, parents must protect their children without the help of laws. But when it comes to the company pocketbook, laws are a vital part of the protection.

I am not a friend of those who think that all entertainment on the Internet should be free, but I also recognize a hypocrite when I see one.

Closing comments

Like most "boomers," I had little interest in the military after I outgrew playing war games and building models of warships and warplanes. That changed about fifteen years ago on Memorial Day in Memorial Park in Oglesby, Illinois (where I grew up).

"Luck" would have it that I picked a time that day to jog around the park when the annual Memorial Day service was being held. As I jogged around the park, I tried to be respectful by circling around the service; but one former soldier kept giving me a stern look. After a few laps, I got the message and stopped and listened.

I don't remember exactly what happened that morning; I do know that my attitude changed radically towards the sacrifice that so many made so that I could enjoy the freedoms and blessings that I, like most boomers, then took for granted.

When the 50th anniversary of D-Day came in 1994, I watched the excellent PBS specials about the invasion and the costly but successful Allied march to Berlin.

A report by one soldier especially caught my attention. Our boys were pinned down on Omaha Beach, where the worst fighting took place on D-Day. They were getting the heck knocked out of them when someone decided -- If we must die, we might as well die fighting! They went forward that day, and the rest is history.

My invitation to those of you who are outraged by the porn industry's relentless assaults against decency, family life, children and public safety and morals is much the same -- get up now and fight for your values and for your families and communities.

The outcome is by no means certain -- unless we fail to get up and move forward.