Protecting Children from the Perils of Online Pornography: A Pressing Societal Challenge

As studies reveal that most children are exposed to explicit sexual content before reaching their teenage years, several states have taken legislative action to hold websites accountable for allowing minors to access such material. This pressing issue was the focus of a panel discussion at the National Conservatism Conference, where experts explored the challenges and potential solutions to this growing problem.

Safeguarding the Innocence of Our Youth

Empowering Parents with Legal Recourse

The panel discussion highlighted the urgent need for stronger legal protections to support parents in their efforts to shield their children from the harmful effects of online pornography. Clare Morell, a senior policy analyst at the Ethics and Public Policy Center, emphasized that "parents need better laws to back them up" in their fight to prevent children from accessing explicit sexual content.Morell's call for legislative action reflects the growing recognition that parental controls and screen-time limits alone are insufficient to address this issue. As she noted, "leaving the solution up to the parents isn't enough," as children are often able to bypass these safeguards by simply entering a false birth date or checking a box.

Navigating the Legal Landscape

The panelists also delved into the complex legal landscape surrounding the regulation of online pornography. Adam Candeub, the director of the Intellectual Property, Information, and Communications Law Program at Michigan State University, explained that historically, obscenity laws "kept pornography in creepy stores in the edge of town that most people wouldn't be caught dead in."However, the advent of smartphones and the ubiquity of the internet have made it significantly easier for children to access this content anonymously, with minimal barriers in place. Candeub acknowledged that the Supreme Court has previously struck down certain laws aimed at protecting children, citing concerns about the burden on adults' access to constitutionally protected sexual speech.To address this challenge, Candeub emphasized the importance of crafting "narrow and focused" laws that can withstand legal scrutiny. He also called for the Supreme Court to "reevaluate its views" on age verification requirements, noting that the existing precedent is based on "pre-smartphone decisions."

Combating the Pornography Industry's Legal Tactics

Ryan Baasch, the chief of the Consumer Protection Division of the Texas Attorney General's Office, further elaborated on the legal strategies employed by the pornography industry to challenge these age verification laws. He noted that websites, such as Pornhub, are attempting to make free-speech arguments in court to strike down these regulations.However, Baasch expressed confidence that these challenges can be overcome if states ensure that their age verification laws include robust privacy protections for adults. He argued that "ID requirements are permissible in a host of other settings," and that legislators can craft laws that are "particularly safe under the Constitution."

The Pervasive Impact of Pornography on Society

The panel discussion also addressed the broader societal implications of the proliferation of online pornography. Emily Jashinsky, the culture editor of the Federalist, a conservative online magazine, highlighted the alarming statistic that "most young people don't make it out of high school without seeing a stranger engaged in violent sex acts at least once."Jashinsky described this as "not normal" and "trauma" that represents a "mass trauma" affecting the younger generation. She also noted that modern pornography has become "transactional" in nature, rather than the more natural, "immediate physical context" that has historically characterized human sexuality.Furthermore, Jashinsky cited studies linking the consumption of pornography to various negative outcomes, such as loneliness, anxiety, depression, stress, and the breakdown of marriages. She argued that "to treat [the pornography epidemic] as anything less than a cultural emergency is to defend that status quo."The panel's discussion underscored the urgent need for a multifaceted approach to addressing the challenges posed by online pornography and its impact on children and society as a whole. By empowering parents with legal tools, navigating the complex legal landscape, and recognizing the pervasive societal consequences, policymakers and advocates can work towards safeguarding the innocence and well-being of the next generation.