opinion

Fred Phelps, Asshole-ism and Free Speech

In late October, a jury in Baltimore awarded the family of a deceased U.S. soldier close to $11 million dollars in their lawsuit against Westboro Baptist Church founder Fred Phelps and two of his daughters.

For those not familiar with the name, Phelps and his unhinged parishioners are the people who show up at funerals of American soldiers with signs reading “God Hates Fags,” “Thank God for Dead Soldiers,” “America is Doomed” and other lovely, uplifting messages along those lines.

Put simply, Fred Phelps is — as Vice President Dick Cheney might put it — a “Major League Asshole.”

We often hear that adult entertainment is the vanguard of free speech – and that’s true enough, I suppose. Phelps and his ilk, though, push the free speech envelope further than does the adult industry, because unlike us, Phelps does not simply put his ideas out there for willing readers/listeners/viewers to encounter if they so desire. Phelps take his offensive, hateful, ignorant, maddening expression right to the people who are most likely to be offended by it — and to those who are likely to be most offended.

That said.… I believe the standard under which the claims of the lawsuit against Phelps went forward is unconstitutional.

I’m not qualified to perform the legal analysis myself, so I encourage you to check out the blog postings of UCLA law professor Eugene Volokh for a cogent and expertly-delivered argument as to why Phelps’ expression is protected by the 1st Amendment.

The legal question aside, I think there is a social imperative for us to put up with schmucks like Phelps, for reasons that have nothing to do with legal precedent. Phelps’ expression must be tolerated because above any other type of free market, what this world needs is a free marketplace of ideas – good, bad and/or ugly. We don’t need to be protected from stupid ideas, we need to confront them with smarter, better ideas.

When an idiot like Phelps spews his garbage, the best remedy is not to punish him under the law — it is to oppose him, verbally, blow for blow.

Instead of slapping him with lawsuits and dignifying his vitriolic nonsense with the attention of the Court, we should ignore Phelps to the extent possible, and otherwise offer him nothing but vicious mockery and unmitigated scorn.

As Phelps himself noted after the jury returned its verdict, this case will “elevate me to something important.” Clearly, the last thing we need is for jerks like Phelps to get the idea that they are important, or that anybody outside of their kooky clique values what they have to say.

I propose that going forward the media only refer to Phelps as “that Major League Asshole from Maryland,” and deny him talk-radio time, TV news spots, and newspaper column inches, other than the occasional symbolic poking of a stick into the collective eye of the WBC.

In the end, even this minimal amount of attention is more than he deserves, but at least it will keep him out of the Court’s hair – and out of the headlines he so clearly craves.

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More Articles

opinion

A Creator's Guide to Starting the Year With Strong Financial Habits

Every January brings that familiar rush of new ideas and big goals. Creators feel ready to overhaul their content, commit to new posting schedules and jump on fresh opportunities.

Megan Stokes ·
profile

Kyrie Hara Fuels Tenga's Growth as U.S. Sales Lead

Kyrie Hara is making significant moves. After racking up sales and general management experience during her 14-year run with Hawaiian retailer Sensually Yours, Hara has quickly embraced her role as the newest U.S. sales lead with Japanese manufacturer Tenga.

Women In Adult ·
profile

Jak Knife on Turning Collaboration and Consistency Into a Billion Views

What started as a private experiment between two curious lovers has grown into one of the most-watched creator catalogs on Pornhub. Today, with more than a billion views and counting, Jak Knife ranks among the top 20 performers on the site. It’s a milestone he reached not through overnight virality or manufactured hype, but through consistency, collaboration—and a willingness to make it weird.

Jackie Backman ·
profile

Alex Feynerol Discusses Svakom's Male-Focused Brand, Kaotik Labs

Over the past 13 years, Svakom has built its brand on sensuality and emotional intimacy, focusing on elegant design, wellness-oriented messaging and accessible pricing for vibrators and couples’ products — what the company often describes as “affordable luxury.” Recently, however, the company has had to adjust its traditional marketing tactics to fit one particular category steadily gaining prominence: male masturbators.

Jackie Backman ·
opinion

Pornnhub's Jade Talks Trust and Community

If you’ve ever interacted with Jade at Pornhub, you already know one thing to be true: Whether you’re coordinating an event, confirming deliverables or simply trying to get an answer quickly, things move more smoothly when she’s involved. Emails get answered. Details are confirmed. Deadlines don’t drift. And through it all, her tone remains warm, friendly and grounded.

Women In Adult ·
opinion

Why Midlife Men Are the Next Big Bet in Sexual Wellness

The recent shift toward supporting pleasure for perimenopausal and menopausal women — a topic once treated as taboo — has clearly been a major breakthrough for the sexual wellness industry. However, there is an equally important yet often neglected market to consider: midlife men.

Karen Bigman ·
opinion

Outlook 2026: Industry Execs Weigh In on Strategy, Monetization and Risk

The adult industry enters 2026 at a moment of concentrated change. Over the past year, the sector’s evolution has accelerated. Creators have become full-scale businesses, managing branding, compliance, distribution and community under intensifying competition. Studios and platforms are refining production and business models in response to pressures ranging from regulatory mandates to shifting consumer preferences.

Jackie Backman ·
opinion

Retailer Tips for Building Customer Trust, Loyalty

Want to increase customer traffic and deepen engagement in 2026? Then it’s time to look beyond quick wins and start building true loyalty.

Staci Cruse ·
opinion

How Platforms Can Tap AI to Moderate Content at Scale

Every day, billions of posts, images and videos are uploaded to platforms like Facebook, Instagram, TikTok and X. As social media has grown, so has the amount of content that must be reviewed — including hate speech, misinformation, deepfakes, violent material and coordinated manipulation campaigns.

Christoph Hermes ·
opinion

How AI-Powered Loss Prevention Can Help Your Store

Years ago, I was deeply involved in upgrading the security camera system at a store in Hawaii. The process took several months. We provided store diagrams, mapped out camera lines of sight, waited for quotes, then coordinated with a contractor to install everything. It cost thousands — and by the time I left that position, the system still wasn’t fully operational.

Zondre Watson ·
Show More