SALT LAKE CITY – As an apparent extension of the state’s resolution proclaiming porn to be a public health crisis, Utah State Sen. Todd Weiler has proposed a new measure to require public libraries to install porn-blocking content filters on their wireless networks.
“As a parent of teenagers myself, I would think that a library is a safe place from pornography,” Weiler said. “Sure, they have books on the human reproductive system, but I’m not talking about that; I’m talking about hardcore pornography and sex videos.”
To be clear, the libraries in question don’t stock “hardcore pornography and sex videos” (so far as I’m aware, at least), but they do offer access to the internet, which inevitably leads to some patrons using said access to watch online porn.
While it remains to be seen what comes of Weiler’s proposal (it’s not uncommon for proposed legislation to die in committee without ever being voted upon, or to be successfully challenged in court if they laws pass), this is the sort of regulation I would argue the adult industry should support — but maybe not in the way you think.
Given the state of the law on this question (a subject on which there’s some disagreement among attorneys, legal scholars and activists) and not yet knowing how the final text of the proposal will read, it’s hard to say what might come of Weiler’s latest anti-porn measure. What’s not hard to see, however, is this is an issue where the adult industry might do itself a favor by showing solidarity with those who would prefer the library not be used as what amounts to a poorly shielded porn-viewing booth.
As David Matthews of DNAInfo observed, just because people are permitted to watch porn at the library doesn’t mean they should — and at the same time, there are measures available to libraries that are less prohibitive and legally problematic than banning such behavior altogether.
“Just as librarians can ask guests to start using their indoor voices, they can ask them to be mindful of what they’re watching on their shared computer,” Matthews wrote.
As it happens, I believe the adult industry could benefit from taking such a position, as well.
If you think about it, efforts to block porn in places like libraries, restaurants and other public spaces probably don’t hurt a porn company’s bottom line much, because most proven purchasers of porn likely don’t rely on public spaces as venues for their consumption. Now, I’m sure there are some subscribers and purchasers who do their viewing in the library, but my very strong hunch is the (vast) majority of porn site traffic incoming from public libraries is destined for free sites.
I’m not saying members of the industry should throw in behind filtering efforts like the one proposed by Weiler. We can take a stance, however, that says we sympathize with those who support filtering measures, but we also believe those measures might be unconstitutional, while making it clear the industry discourages people from consuming our products publicly.
These positions aren’t inconsistent or hypocritical, because there’s simply nothing hypocritical about supporting the responsible exercise of Constitutional rights.
Much as someone can be pro-Second Amendment and still believe it wise to subject prospective gun purchasers to at least some measure of screening to assure we’re not blithely handing over loaded weapons to crazy people and/or terrorists, there’s nothing contradictory about saying our consumers should show some deference to the sensitivities of their fellow citizens in exercising their right to watch and enjoy porn.
In other words, the industry has an opportunity here to approach the idea of library content filtering not as a legal matter, or as we do when reacting to unwanted regulations, but to frame it as a common courtesy we support and encourage our customers to support and practice, as well.
It’s also worth noting, regardless of one’s position on the public consumption of porn, there’s definitely no corresponding Constitutional right to masturbate in public — something more than a few people have discovered the hard way over the years and a practice that has been around a lot longer than tube sites, it should be noted.
So, will we soon see public service campaigns from Pornhub with tag lines like “While in the Stacks, Keep It in Your Pants” or “Don’t Be a Jerk: Never Masturbate at Work”?
I doubt it. But then again, I never thought I’d see mainstream news outlets giving coverage to porn-themed Christmas ads, either, so I’d say all bets are off.
