US President-elect Donald Trump has divided the porn industry amid growing fears that he could ban porn.
“I think the porn industry has always been hard to ideologically restrict. There are people in the industry who are very progressive and there are people who are very conservative, even though we’re dealing with sex and sexuality,” Mike Stabile, director of public policy at the Free Speech Coalition, an adult entertainment industry trade association, told Mashable.
Tensions among the porn industry have flared on social media in recent weeks, amid renewed questions about how Trump will handle the porn industry. Some Trump supporters want to ban porn and jail its creators—while some in the industry voted for him.
Will Trump ban porn?
If conservative think tank The Heritage Foundation has his way, the answer is yes. The foundation is behind Project 2025, a wish list of far-right conservatives. One measure would ban pornography entirely in the US.
While Trump distanced himself from Project 2025 during the campaign, he has since appointed prominent Project 2025 writers and advisers to a number of positions.
In 2016, Trump had signed a pledge calling for him to ban adult entertainment, which he has not done. And if Trump does decide to move forward with a porn ban this time around, his administration will still face significant hurdles.
To ban pornography entirely in the US, he would need help from Congress and the Supreme Court to redefine pornography in line with a 1973 case that defined what “obscene” meant, and was upheld by another 1985 case that said banned material must go beyond “merely normal, healthy sexual desires.”
Ultimately, the final word on what is "obscene" and therefore not protected by the First Amendment rests with the US Supreme Court.
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