Why We Need a Federal Pornography Ban
For all of the talk from our conservative political class of “family values,” nothing has been done to address pornography in decades.
This country is in the midst of a pornography crisis. Research estimates that approximately 99% of men and 73% of women report consuming pornography at some point in their lives. In 2019 alone, Pornhub reported more than 42 billion views, more than three times the four major professional sports (baseball, basketball, hockey, and football) combined. Pornography has been shown to cause an array of serious problems in mental health, relationships, and even has been connected to domestic abuse. It is cited in 40% of divorce proceedings and it has been found to be one of the most addictive substances on the planet. Additionally, the sex trafficking involved in its production is well documented.
Pornography is a relationship killer and it destroys lives. For all of the talk from our conservative political class of “family values,” nothing has been done to address pornography in decades. But is pornography not just a personal choice? Would pornography, an act performed in the privacy of one’s bedroom, not fall within the zone of privacy that government is unjustified in invading? Some argue this, but for those of us who believe in the importance of the natural law, pornography presents a unique political problem, one which we are duty bound to find a solution.
Natural law is the foundation of human law. Aquinas said of the natural law that, “Now in human affairs a thing is said to be just, from being right, according to the rule of reason. But the first rule of reason is the law of nature, as is clear from what has been stated above” (Summa Theologiae, I-II, Q. 91, A. 2). He further stated, “Consequently every human law has just so much of the nature of law, as it is derived from the law of nature” (Summa Theologiae, I-II, Q. 95, A. 2).
In other words, civil laws are derived from reasoned truths about morality. These laws are ordered toward common happiness and are used as guardrails to guide the population away from things contrary to the natural law and toward things which are in accordance with the natural law and lead to true flourishing. In addition, laws serve as teachers and shape culture, which form social mores and provide additional power toward authentic human happiness.
One of the most important aspects of the natural law is the proper social ordering of sex and reproduction. Marriage and family form the foundation of the social order. St. Pope John Paul II said “The family has vital and organic links with society, since it is its foundation and nourishes it continually through its role of service to life: it is from the family that citizens come to birth and it is within the family that they find the first school of the social virtues that are the animating principle of the existence and development of society itself” (Familiaris Consortio, 42).
As the great incubator of citizens, the family has an enormously powerful effect upon the common good of a nation. If a nation’s family life is threatened then it is incumbent upon public authorities to protect the family. This is evidently the case with pornography, which is antithetical to this vision of the natural law, the family, and the bonds of true love.
In its own way, pornography is anti-sexual. It is ultimately an expression of a certain Gnosticism expressed by the Albigensians in the 12th and 13th Centuries. The Albigensians were a Spanish cult who believed that sex and marriage were evil simply because they were of the body. However, instead of encouraging total abstinence, they encouraged licentiousness for the uninitiated. This was because in marriage sex is strengthened and protected, whereas unchastity stands on shaky ground and is easier to destroy. Does this not resemble the use of pornography today? Instead of being told to deny our passions, we are encouraged to indulge them. This is startling, especially as most countries either ban pornography outright or require its users to be an adult. Yet, American liberalism uniquely demands the ruthless pursuit of individual autonomy and pleasure.
“Generation Z” has been documented as one of the least sexual generations in recent history. There are a host of factors contributing to this but lower interest in sexual relationships is a well documented effect of pornography. Fewer and fewer young people are even interested in having sexual relationships at all, let alone solid and lasting marriages. It does not take creative thinking to imagine what would happen to a nation which looses interest in even the very basic activities which lead to its own continuation. In short, pornography destroys the foundation of the family and nation, which has intense moral, economic, and political consequences.
It is for these reasons that we need laws against pornography. There are four possible ways to address this problem in law:
First, we must recognize that obscenity has never been protected by the first amendment and the types of internet pornography which are most popular today would fit the definition given in Miller v California (1972) like a glove. According to federal law, the distribution of obscene material on the internet is illegal. The right-liberal fantasy that pornography is protected by free speech or any other “individual right” is just that — a fantasy. If the Justice Department enforced existing anti-obscenity laws, they could prosecute major pornography studios and penalize internet service providers for hosting such content.
Second, the pornography is a $97 billion industry and that money is primarily made via advertising, similar to revenue streams on YouTube. Such advertisements should be banned or heavily taxed on a federal level in order to draw the money away from the production of porn.
Third, there are swaths of illegal activity involved in pornography, especially in the form of sex trafficking and child pornography. If these traffickers were ruthlessly prosecuted for the sex criminals they are, then this would further dissuade investors and reduce production. Age-verification systems are also a must, which has led a major porn provider to ban their own users in multiple states, rather than simply limit children from viewing their content.
Finally, beyond the policy talk, we could simply ban all forms of internet pornography from the top-down and at the federal level — if we have the political will. The first three steps are starting points for the final goal of eliminating pornography nation-wide. CCC 2354 makes clear that civil authorities have the duty to completely stop the “production and distribution of pornographic materials.”
There will no perfect solution to a highly addictive problem, and to be sure there will need to be plenty work outside of the law to hinder pornography role in our society. But laws and culture have a cyclical relationship. Laws act as a flagship vessel in the promotion of the common good and the destructive nature of pornography demands effective action.
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Thank you for the post. I am presently preparing and will be doing a post on Friday on the subject of pornography.
Paul wrote, “It is for freedom that Christ has set us free. Stand firm, then, and do not let yourselves be burdened again by a yoke of slavery.” When we believe in Jesus Christ as Saviour and Lord, over time our life is meant to be transformed, so that we can be like Christ. However, the sad reality is that pornography has a vice-like grip on us.
59% of pastors said that married men seek their help for porn use.
57% of pastors say porn addiction is the most damaging issue in their congregation.
69% say porn has adversely impacted the church.
May I suggest these figures are on the low side, as members are too ashamed to come forward for help and pastors don’t want to say that their church is being impacted.
However, the Good News of Jesus Christ, the gospel message for us today, is that we can find freedom from the bondage of pornography.
I will be repeating this announcement on Wednesday.
I hope you will find the post worthwhile. God bless you and have a great day. Robert