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Why Does Porn Get a Pass?
Patric Henry Center for Individual Liberty ^ | 8/29/2002 | Gary Aldrich

Posted on 09/15/2002 10:28:57 AM PDT by traditionalist

Let’s talk about the facts of life. It’s a fact of life that we have lost the war to control pornography. The war was over years ago when the Supreme Court ruled that porn was legal if it met community standards. Whatever Conservatives or American society in general wished to do about this growing wave of filth has been for naught. It’s saddening to admit, but it’s true.

During the Reagan administration, I was part of a nationwide effort to try to make a dent in the pornography industry. The FBI had hard evidence that organized crime (OC) had moved into the pornography industry, just as they had into gambling, prostitution and drugs. OC thrives on the vices of humans.

After a year-long undercover case that more than proved the OC connection to porn, we brought forward our indictments. At that time, the community standard that allows federal prosecutions for obscene material gave us the hammer to put away many OC thugs – even the Liberal Miami juries agreed that some of the material being sold was a bit over the top. We fined these sleaze merchants heavily and sent them to the slammer.

You know what? We didn’t even make a dent.

Today, that same kind of material is routinely displayed on hundreds of Internet websites advertising their wares in an effort to get you to pay a fee to “peek” inside. What’s inside must really be filthy, but if it isn’t considered child porn, it won’t be prosecuted. Eight years of Bill Clinton in the White House and Janet Reno in the Department of Justice guaranteed that every community standard in the nation has been lowered. Today, both federal and local prosecutions of routine porn are a lost cause.

Whatever objections we had as a society to this porn garbage are moot at this point.

Hundreds of billions of dollars are made each year on the “sales” of horrible things, images that most of us want to keep away not only from our children, but from our communities. We want to keep this material from finding its way into the very fabric of our society. Yet, there is an enormous appetite for this stuff – so much so that it’s obvious that the flow from producer to consumer cannot be controlled. Conservatives need to understand this. We have lost this war, but is there something positive that can come from this? Do we just “give up,” or is there some way we can curtail the amount of porn being produced?

You bet there is, and here’s the answer: Tax the living daylights out of it! Tax every part of it. Tax the consumers who want to look at it. Tax the “actors” – mostly women, and some men – who are making money being “models” for these porn sites. Tax every network that allows this human sewage to flow through their switches, cables, phone lines – tax any entity that makes it easy for this material to go from camera lens to your living room where little Johnny can see it while you’re out at the grocery store.

Call it a Porn Tax.

Tax them federally, and tax them at the state level as well. Tax them county and tax them local. Tax them until it hurts, and tax them until they scream. Then, tax them right out of business.

Impossible you say? Wait a minute! Isn’t this the reasoning behind the tax on cigarettes? Cigarettes are considered to be a threat to the well being of humans. Is filthy pornography less of a threat to the minds and emotional well-being of humans?

We also tax alcohol heavily, reasoning that a heavy tax keeps the prices up, and thus, maybe out of the hands of too many drunks. As a society, we recognize that booze is not the best way to have a good time, but we acknowledge that it cannot be stopped, so we heavily regulate it, and we tax the grapes out of it!

Why does porn get a pass?

Regulating and taxing cigarettes is not a signal that society approves of the production, distribution and use of tobacco products – just the opposite is true. Our society has begun to frown on the use of cigarettes and has outlawed their use in many public places, including restaurants and bars in some states, yet we throw up our hands and claim impotence in our efforts to control porn. We can’t even keep it out of our public libraries! It seems we are unable to think of any solution, so we do nothing.

From now on, unless we have some kind of revolution or the installation of a dictator who has the power to chop off the hands of those who possess or produce porn, it’s here, and it’s widely available. Get over it! Sure you can regret that we cannot control this. Of course, you can do your best to keep it out of your life. I’m not saying we should give any indication at all that we accept this horrible environment that has been thrust upon us.

Most of us hate this deep injury to our civility. The least we can do is think of some way to lessen it.

Let’s face another fact: women are ill-served by allowing themselves to be filmed while performing the most intimate of activities, but they sure aren’t victims! There are thousands of them, maybe hundreds of thousands of women, young and old, who for some reason think it’s just fine to be a part of this scourge.

Being ill-served and engaging in harmful, risky activity has never stopped prostitutes from doing what they do. Obvious facts about the dangers are not going to stop the actors and actresses from appearing in porn flicks. But, we can lay on a heavy financial burden, just like we tax anyone else who’s engaged in a high profit enterprise. Maybe fewer will be available if we make it tough enough. Let’s take away the financial benefit.

At a time when government officials are pulling out all the stops to dream up taxes and penalties that honest, hardworking, decent citizens must pay, this idea seems like a no-brainer. If they can put cameras on tops of poles to catch those who run red lights, don’t tell me they can’t figure out how to tax porn and all who benefit from it.

Let’s tax porn back into the dark alley where it belongs.


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Editorial; Government
KEYWORDS: firstamendment; porn; pornography; socialvirtue
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Good article, except I disagree with his comments about alchohol. If it's not practical to outlaw porn, then tax the hell out of it. And no, porn is not protected by the first amendment, which was intented to protect political dissent and not smut.

Now bring on the libertines, better known as libertarians. Give me your best shot!

1 posted on 09/15/2002 10:28:57 AM PDT by traditionalist
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To: traditionalist
Why Does Porn Get a Pass?

Because you can't legislate morality...

2 posted on 09/15/2002 10:33:30 AM PDT by IncPen
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To: traditionalist
Porn is the only way that orphans can make a living.

No one with living parents would make a porno, would they?
3 posted on 09/15/2002 10:35:47 AM PDT by Hillary's Lovely Legs
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To: traditionalist
OC thrives on the vices of humans

No, OC thrives anywhere government makes something valuable by making it illegal or too heavily regulated. It really is that simple.

4 posted on 09/15/2002 10:39:46 AM PDT by krb
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To: Hillary's Lovely Legs
LOL...you'd think...
5 posted on 09/15/2002 10:40:06 AM PDT by krb
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To: Hillary's Lovely Legs
Porn is the only way that orphans can make a living. No one with living parents would make a porno, would they?

Of course they could if the parent had been molesting them.
And I don't think you're being fair to orphans with that first statement....the only way???

6 posted on 09/15/2002 10:42:48 AM PDT by Aquamarine
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To: traditionalist
The first amendment doesn't protect some forms of speech and not others. Its intent is simply to insure that the federal government will not interfere with speech or associations. If you say porn is not "protected," throw the first amendment argument out the window for a second and look at the Constitution instead. Find the power of the government to police the porn industry in the first place, one way or another.
7 posted on 09/15/2002 10:56:59 AM PDT by lainie
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To: traditionalist
I'm not pro-porn but I disagree with Aldrich on two major points. First of all, porn took off with the invention of the VCR, not the invention of th internet (didn't Gore invent both of them?). Apparently, the market to watch sex acts in the privacy of the home was larger than anyone could have anticipated. And how does one enforce community standards when the only community involved is one person and their VCR/computer? It's largely done apart from the community.

A lot of folks have a hard time grasping that the internet is an *international* entity. I can access websites in Australia or Moscow as easily as I can one in my own town. Even if the internet were thoroughly regulated by the U.S. government (something I hope nobody here really wants), they can't stop international porn any better than they can stop international spam mail. Hell, they can barely stop international drugs and that's something that has to physically cross the border to be sold, rather than just blips of data travelling through telephone lines.

Finally, on the idea of taxing it to death. Let's not let the government camel get their nose under that tent shall we? Once the government feels it has the okay to tax your internet (because they surely can't/won't tax the porn producers), can censorship and taxing *all* internet activity (even e-mails) be far behind? The internet has two chief advantages as a marketable service - interactivity and immediacy. You can shop for what you like when you want to, even at 3 a.m. But it is not a cash cow for more than a handful of websites. To tax it to death would be to kill the goose.

Unlike alcohol, tobacco or drugs, pornography need not physically exist in the home to be, er, consumed. To stop it entirely would mean cutting out your phone lines and your cable service because if one or the other exists, you have access to porn 24/7. If the only way to curb it is government intervention, I'd rather live with the status quo.

I sympathize with Mr. Aldrich but the only way to curb the explosion of pornography is in the same way abortion must be curbed - by changing hearts. That's a slow and quiet method because evil succeeds very well in a vacuum. Public pressure will help some but running to the government would surely only make this worse.

8 posted on 09/15/2002 10:58:52 AM PDT by Tall_Texan
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To: traditionalist
OC (organized crime) thrives on the vices of humans.

No, OC thrives by providing products and services that are in demand, yet banned by governments. There status as "vice" or "virtue" is irrelevant.

9 posted on 09/15/2002 11:01:12 AM PDT by jlogajan
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Comment #10 Removed by Moderator

To: traditionalist
I thought conservatives were opposed to using taxation to influence behavior.
11 posted on 09/15/2002 11:07:11 AM PDT by Gumption
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To: Motherbear
I still do not see the difference between prostitution and pornography. Someone is getting paid to have sex in both.

I suppose that if prostitutes just carried video cameras and taped their actions they could claim they are just making a movie.

Makes no sense to me.
12 posted on 09/15/2002 11:07:21 AM PDT by arjay
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To: Motherbear
The founders probably couldn't have imagined how disgusting our culture has become, or how bankrupt some peoples' souls have become, of course that's obvious. But it doesn't mean the goverment should take the role of forcing people to behave in moral ways or else. With that I certainly think they would agree.
13 posted on 09/15/2002 11:11:51 AM PDT by lainie
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To: traditionalist
>>Hundreds of billions of dollars are made each year on the “sales” of horrible things, images that most of us want to keep away not only from our children, but from our communities<<

If it was unwanted by "most of us", it wouldn't be a hundred billion dollar industry.

14 posted on 09/15/2002 11:19:37 AM PDT by Jim Noble
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To: traditionalist
You are absolutely right. The Consititution does not protect pron. Crooked judges and perverted politicians do.
15 posted on 09/15/2002 11:29:07 AM PDT by Dante3
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To: traditionalist
A picture of a naked women is a "horrible thing." You better tell some of the world's greatest artists.
16 posted on 09/15/2002 11:30:41 AM PDT by BulletBrasDotNet
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To: traditionalist
As many fellow Freepers are prone to say, "Where are the pictures?" hehehe
17 posted on 09/15/2002 11:34:07 AM PDT by BulletBrasDotNet
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To: traditionalist
I think we need censorship, again. OTOH, porn and over emphasis on sex might be a good thing. Keeps the birth rate up. I bet when Russia gets more capitalized and advertisers there start using sex to sell cars and soap and magazines and beer and whatever, the birthrate wil stop declining. parsy the unsure.
18 posted on 09/15/2002 11:34:44 AM PDT by parsifal
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To: IncPen
Tax them federally, and tax them at the state level as well. Tax them county and tax them local. Tax them until it hurts, and tax them until they scream. Then, tax them right out of business.

A CONSERVATIVE wrote this?

If you don't like porn, don't click on it. Simple as that.

19 posted on 09/15/2002 11:36:12 AM PDT by BlazingArizona
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To: IncPen
Morality is legislated all the time, i.e. murder, theft, perjury etc.
20 posted on 09/15/2002 11:38:17 AM PDT by AEMILIUS PAULUS
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