educational

Joe Versus The House

Last weekend I had the occasion to visit my friend Joe at his three-bedroom apartment located just south of Wilshire in West Los Angeles. As I walked up the steps and knocked on the door, ready for an evening of apple martinis and lemon drops, my phone rings. I reach to answer it and am greeted by the excited voice of our mutual friend Robert, who informs me that the trendy new Beverly Hills club we are on the list for will be filled with "Playmates, can you believe that?!!!???" After promising to hurry, I hang up the phone and am invited in.

"Have a seat!" Joe says. I comply and am suddenly bombarded with images of naked girls in all sorts of enticing poses. Playboy magazines are scattered all over the coffee table, the bedrooms, and the bathrooms. The desktop computer, where Joe's roommate Aaron has made his pet Playmate the wallpaper for the screen, is a virtual address book of "favorite" adult websites where the boys visit and chat with their favorite actresses. Hoping to escape the scantily clad images of these women, I turn on the television. No less than fifteen adult stations are listed on the preview guide. "Keep it on this one, it's my favorite," Joe smirks. Wow, I think to myself. In this era of digital technology, is there any escaping the wonderful world of adult entertainment????

According to the Internet Advertising Bureau, less than one percent of all on-line advertising is spent on pornography. Yet the growth of the adult entertainment industry has been astonishing. According to Forrester Research, Web porn sales will reach an estimated $366 million dollars by the end of 2001, almost a 300% increase from 1997. So how do anxious parents protect their young children from such degrading material?

In 1996, Congress passed the Communications Decency Act, which outlawed the transmission of indecent material to young children. This Act was later struck down by the Supreme Court as a violation of the First Amendment right to free speech. Two years later, Congress tried again to sign into law the Child Online Protect Act, ("COPA") which established criminal penalties for information distributed to minors which was deemed "harmful." Again, the constitutionality of the law was challenged, and an injunction was issued against its enforcement.

The legal definition of "obscene" is one which is judged by a three-prong test: 1) whether the work, taken as a whole 2) appeals to the prurient interest of the average person applying contemporary community standards 3) and whether the work lacks any literary, artistic, social or political value. Where the controversy lies is in defining 'contemporary community standards." Across the nation, courts look to state statutes for this definition, and base their "obscenity test" accordingly. However, with the advent of the Internet and digital technology, defining exactly what "community standard" applies and where, is becoming increasingly difficult.

In an opinion delivered by Justices Douglas and Black nearly 45 years ago, they suggest that "the test of obscenity gives the censor free range over a vast domain. To allow the State to step in and punish mere speech or publication that the judge or the jury thinks has an undesirable impact on thoughts but that is not shown to be a part of unlawful action is drastically to curtail the First Amendment. (354 U.S. 476 ). That same line of thought resonates throughout society today. Under this test juries can suppress and punish whatever they like as long as it relates to sex.

So for now, the battle over obscenity continues. Sitting squarely on one side of the ring is Joe, his roommates, and millions of other porn subscribers, boxing gloves laced, Playboys in hand. They are ready to fight for their right to view what they believe to be artistically valuable websites over the Internet. And on the other side are hard core conservatives, concerned parents and politicians.

At stake: Literary freedom. Will we ever find a happy medium between protecting the young hearts and minds of the world and allowing freedom of speech to thrive? Who knows? It's about to get interesting. Let's sit back, relax, and enjoy the show.

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

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 ·
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

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

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

What DSA and GDPR Enforcement Means for Adult Platforms

Adult platforms have never been more visible to regulators than they are right now. For years, the industry operated in a gray zone: enormous traffic, massive data volume and minimal oversight. Those days are over.

Corey D. Silverstein ·
opinion

Making the Case for Network Tokens in Recurring Billing

A declined transaction isn’t just a technical error; it’s lost revenue you fought hard to earn. But here’s some good news for adult merchants: The same technology that helps the world’s largest subscription services smoothly process millions of monthly subscriptions is now available to you as well.

Jonathan Corona ·
opinion

Navigating Age Verification Laws Without Disrupting Revenue

With age verification laws now firmly in place across multiple markets, merchants are asking practical questions: How is this affecting traffic? What happens during onboarding? Which approaches are proving workable in real payment flows?

Cathy Beardsley ·
opinion

How Adult Businesses Can Navigate Global Compliance Demands

The internet has made the world feel small. Case in point: Adult websites based in the U.S. are now getting letters from regulators demanding compliance with foreign laws, even if they don’t operate in those countries. Meanwhile, some U.S. website operators dealing with the patchwork of state-level age verification laws have considered incorporating offshore in the hopes of avoiding these new obligations — but even operators with no physical presence in the U.S. have been sued or threatened with claims for not following state AV laws.

Larry Walters ·
opinion

Top Tips for Bulletproof Creator Management Contracts

The creator management business is booming. Every week, it seems, a new agency emerges, promising to turn creators into stars, automate their fan interactions or triple their revenue through “secret” social strategies. The reality? Many of these agencies are operating with contracts that wouldn’t survive a single serious dispute — if they even have contracts at all.

Corey D. Silverstein ·
Show More