American lawmakers are about to determine the future of pornography, or they’re trying, at least. In recent years, 19 states—most of them Republican-led—have passed legislation that requires any site with a significant amount of adult content to prove all its users are over 18. Most recently, on New Year’s Day, a new law called HB 3 took effect in my home state of Florida, where porn sites now face fines of up to $50,000 for every violation. But this week, such laws could be found unconstitutional.
This is all thanks to the Free Speech Coalition, a sort of NRA for pornographers, which has sued Texas attorney general Ken Paxton, a religious hard-liner, over that state’s age verification law. On Wednesday, the Supreme Court will hear FSC’s case, which argues that these porn laws undermine free speech, infringe on privacy, and hurt American companies, while doing nothing to block foreign and fringe sites that don’t comply with U.S. laws.
The rationale behind the laws is understandable: Studies have shown that pornography consumption by teenagers can lead to misogynistic attitudes and increased sexual aggression. It’s also linked to mental health problems and increased rates of unsafe sex. More to the point, most parents are uncomfortable with the idea of their children having access to terabytes’ worth of hardcore pornography at the touch of a button.
But these laws are fundamentally pointless. First etched into mammoth tusks 40,000 years ago, porn predates the written word. It is inevitable—and in the internet age, infinitely accessible—even in places where so-called “porn bans” have been enacted.