A coalition of commercial pornographers, styling themselves as the “Free Speech Coalition,” is asserting that Texas is threatening their First Amendment liberties by making them legally responsible for verifying the age of viewers who use their websites.
Anyone operating with a vestige of a moral compass, however, should sense something farcical in the pornographers’ preening efforts to claim the moral high ground. Yet given the state of precedent, they have reason to expect the Supreme Court to side with them and prevent Texas from enforcing a law to stop porn from flooding into children’s minds.
The process by which the nation’s highest court came to abet the industrial scale of pornography distribution might be fairly described as diabolical. And no, that’s not hyperbole. I use “diabolical” in the etymological sense espoused by Professor D.C. Schindler, in which a division (dia-ballo means “to divide”) is made between reality and appearance, and appearance is made to substitute for reality in a way that is simultaneously appealing but self-defeating.
Pornography generally, and the digital porn industry specifically, is diabolical both in its puerile appeals to consumers and the legalistic appeals it makes to the courts.