educational

Midterm Porn Politics: 1

It is not a secret that the regulatory environment for the adult entertainment industry has become markedly more hostile in recent years. In fact, if you keep up with the news and commentary generated by the industry media, you may feel that you are at war with your own government. In the past couple of years, the bellicose statements and invective rhetoric directed at the industry by its right wing enemies such as Sen. Sam Brownback and Rep. Mike Pence sound like Iran's President Mahmoud Ahmadinejad's threats to annihilate the state of Israel.

As of the time of this writing, however, the often predicted and much anticipated tidal wave of prosecutions has simply not materialized. To be sure, a number of obscenity cases have been brought by the government, including the Extreme Associates prosecution, but there has not been anywhere near the 50 cases that Extreme Associates prosecutor Mary Beth Buchanan indicated were in the works at the beginning of that case.

Consequently, after years of frequent and sometimes passionate warnings by adult entertainment attorneys (myself included) about the real potential of catastrophic industry-wide prosecutions that have yet to occur, it is not surprising that many adult entertainment entrepreneurs now discount the threat. In fact, the relative lack of industry prosecutions has admittedly made the industry's attorneys look a bit like a flock of Chicken Littles — or worse, just a bunch of greedy, fear-mongering paranoia profiteers.

But the truth is that the industry is not out of the woods yet. In fact, the current political circumstances facing the Bush administration and the Republican Party as a whole have produced an unusually powerful mix of motivational forces that could incentivize aggressive enforcement action against the industry in advance of the midterm congressional elections. So at the risk that some may interpret the following as more "sky is falling" attorney-speak, let me tell you why my message really is: "The election is coming — heads up."

The Republican Party controls the presidency, the Congress and the courts. That's real power that can be used to do real harm to the adult entertainment industry. Given the disproportionate influence by the Religious Right on the Republican Party, in general, and on President Bush, in particular, it has been somewhat of a mystery that the adult entertainment business has not seen more prosecutions.

There are many theories why this has not happened. Perhaps the war on terror forced the Department of Justice to divert attention and resources from a planned prosecutorial sweep, spoiling former Attorney General John Ashcroft's stated plans to cripple the industry. Perhaps Bush never seriously planned to wage war on the business, but instead just promised to do so for the evangelical vote. Perhaps Bush has wanted to attack the industry all along but was counseled against doing so by his political advisers, who may have pointed out that a huge number of Republican and independent swing voters are free-minded consumers of sexually explicit content. Perhaps Bush and his advisers realized that an administration attacked daily for its incompetence would appear even more so if it redirected resources from the war on terror, border security, disaster relief, avian flu preparedness, etc., to the investigation and prosecution of people who sell sex movies to willing adults demanding them in record numbers. Maybe the industry has been spared a prosecutorial holocaust because of all or none of the above.

Political Change?
One thing for sure, however, is that the political status quo has recently changed and the Republicans find themselves on the defense and in serious trouble with voters. Because of the administration's repeated intelligence failures, the incompetent prosecution of the war in Iraq, the Katrina debacle, record deficit spending and most importantly, Bush's failure to secure the country's borders, the Republican Party is in serious trouble with its conservative base only five months before the interim elections. The Republicans know that many conservative Republicans may stay at home in the fall to express their displeasure with the party. As a result, Republicans fear that the loss of control of Congress is a very real possibility. They also know that if they do lose control of even one house of Congress, the Democrats, who will then control critical congressional committees, will unleash a nonstop torrent of congressional hearings into the administration's many alleged abuses of power. This could mean a Republican political bloodbath of epic proportions in the 2008 election.

All of this is, of course, is causing the Republicans to fall over one another. For example, with much fanfare, the Republicans have introduced an anti-gay marriage constitutional amendment pushed by the Religious Right, even though the amendment has absolutely no chance of ever becoming law. More tellingly, regarding the issue of border security, the Republicans have clearly elected to risk the loss of the Hispanic vote to respond to the demands of their conservative core constituency in passing tough illegal immigration reform without any form of amnesty.

But what does all this mean for the adult entertainment industry? I think that current political conditions point to a disquieting possibility that whatever has restrained the Bush administration from broadly prosecuting adult entrepreneurs in the past might now be trumped by a desperate desire to respond to its evangelical constituency's visceral abhorrence of adult content. It is important to note that Bush's lack of prosecutions of the adult industry has not gone unnoticed by the evangelical right. In fact, they have complained loudly and bitterly for more than five years that the administration is not doing enough to get rid of porn.

Many evangelical leaders have even termed Bush "a disappointment" in the area of controlling pornography. What is even more distressing about the political logic of a "war on porn" is that it would be a sexy issue that would get lots of favorable media play for the administration and many Republicans in close re-election battles. Such a crusade, which would inevitably be characterized as "necessary to protect the kids," could even potentially benefit Bush by acting as a distraction from the administration's many problems and seemingly endless failures.

There is, of course, no certainty that the administration will prosecute the industry en masse no matter how politically expedient that strategy might be. Bush has so squandered his "political capital," as he has called it, and has screwed up in so many other ways, I would not be surprised if prosecuting adult entertainment businesses was in fact the best thing for his party, he'd screw that up too. After all, his inept political leadership has probably soured the Hispanic vote for his party for at least a decade.

But if the Republican's political woes put the adult industry in a period of increased prosecutorial danger, what can an adult entertainment entrepreneur do in response?

In part two we'll look at some suggestions for dealing with an increased level of prosecutorial danger.

Gregory A. Piccionelli is one of the world's most experienced Internet and adult entertainment attorneys. He can be reached at Piccionelli & Sarno at (310) 553-3375 or www.piccionellisarno.com.

Copyright © 2025 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

profile

WIA Profile: Katie

Katie is the ultimate girl’s girl. As community manager at Chaturbate, she answers DMs, remembers names, and shows up for creators and fellow businesswomen when it counts. She’s quick to credit the people around her, and careful to make space for others in every room she enters.

Women in Adult ·
opinion

How to Stay Legally Protected When Policies Get Outdated

The adult industry has long operated in a complex legal environment subject to rapid change. Now, a confluence of age verification laws, lawsuits, credit card processing and data privacy rules has created an urgent need for all industry participants — from major platforms to independent creators — to review and potentially overhaul their legal and operational policies.

Corey D. Silverstein ·
opinion

The Basics of Total Cost of Ownership in Retail

Almost every retailer has experienced that “oh no” moment. It’s when support tickets pile up, staff can’t get answers fast enough, store openings get delayed because Wi-Fi isn’t ready, or the POS proves to be outdated. Suddenly you’re too busy fixing problems to focus on driving sales.

Sean Quinn ·
opinion

How to Market a Product You Can't Name or Show Online

You’re trying to sell legal, helpful products to consenting adults — yet the internet treats those products like a problem. The viral success every brand dreams of can seem maddeningly elusive when search engines block or restrict common keywords, social feeds shadow-ban PG posts, review bots misread images and policies shift overnight with no notice.

Hail Groo ·
opinion

From Compliance Chaos to Crypto Clarity: Making the Case for Digital Payments in Adult

These are uncertain times for adult merchants. With compliance tightening and age verification mandates rising, the barrier to entry keeps getting higher.

Cathy Beardsley ·
opinion

Real-Time Insights to Streamline E-Payments and Stop Lost Sales

A slow checkout process is more than just annoying — it’s expensive. In a high-risk sector like the adult industry, even small delays or declined transactions can cost businesses thousands in lost revenue every month.

Jonathan Corona ·
opinion

How Managing Inventory With AI Helps Retailers Stock Smarter

If you’ve ever stood in a stockroom looking at a wall of unsold merchandise, then you know this basic truth: Your inventory is an asset — until it starts gathering dust. But how do we predict what customers want? That’s the eternal retail dilemma.

Zondre Watson ·
opinion

A Retail Guide for Boosting Sales in the Often-Overlooked Nipple Play Category

When it comes to sex toys, one area of the body that often gets overlooked by both consumers and salespeople is the nipples. Even though human nipples are packed with nerve endings and are sensitive and responsive across genders, they frequently get ignored as a focus for pleasure products — usually simply because nipple toys are small and come in tiny packaging.

Sara Gaffoor ·
profile

FSC's Valentine Leads Charge for Sex Worker Rights and Financial Access

Before ever stepping into a courtroom, Valentine already understood the power of presence. After all, they’ve shimmied on stages as a burlesque performer, consulted behind the scenes for creative businesses and moved through the adult industry not just as an advocate, but as a participant.

Jackie Backman ·
opinion

What Sexual Wellness Brands Can Learn From Taylor Swift

Taylor Swift is an undeniable cultural force, but her superpower isn’t just music. From surprise album drops on podcasts to billion-dollar tours, the Swiftie empire has turned into a global movement in large part thanks to effective marketing.

Naima Karp ·
Show More