opinion

Section 230 Isn’t a Blank Check to Shut Down Speech

Section 230 Isn’t a Blank Check to Shut Down Speech

Political censorship on social media sites should raise eyebrows of anyone working in adult. We, as an industry, should not support censorship in any way, as censoring some speech (whether we agree with it or not) will likely lead to continuing and worsened censorship of adult industry speech and expression. Instead, supporting education on fact-checking, first amendment rights and independent thought would lead to a better outcome for all.

Section 230 of the Communications Decency Act was written to allow free dissemination of ideas. It relinquishes the liability of website operators of “interactive computer service[s],” such as social media sites, for actions of third-party users on the sites. Section 230 says, in summary, that such a website operator is not to be treated as the publisher or speaker of information shared on the service by a third-party user. Since the website operator is not treated as the publisher or speaker, it is not responsible for certain liabilities caused by third party users.

If it is acceptable for a social media website to remove certain [e.g., political] content because of the nature of the content, then it reinforces their position that they should have the right to remove adult content as well.

Right now, we’re seeing members of government attack that law from both sides of the political aisle. Republicans are alleging that some social media sites are acting as publishers and editorializing, essentially saying that the sites are not the neutral party which the law was meant to protect. Democrats are alleging that misinformation and fake news is allowed to be spread on social media sites without recourse.

Let us take a look at this from each side.

Looking at the issue from the perspective of removing content, on its face, sounds like a reasonable action on the part of website operators to block or remove content they deem false. When you dig deeper though, it is actually a form of censorship not much different from the censorship of sexual expression that the adult industry fights every day.

When website operators remove what they believe to be fake news, users never get to review the material. They never get to make an opinion for themselves on the truth or falsity of the content. Instead, they are sheltered from the viewpoint of the article altogether.

Doesn’t this sound familiar? Facebook and similar companies have been removing adult content for years. Although FOSTA accelerated the pace of this, it is not completely at fault. The censorship existed even prior to passage of FOSTA, but FOSTA made things even worse in causing social media sites to fear new legal liability under the law.

I believe that censorship should not be tolerated by the public, and especially by our industry. It is a slippery slope. If it is acceptable for a social media website to remove certain [e.g., political] content because of the nature of the content, then it reinforces their position that they should have the right to remove adult content as well.

I am not proposing that fake news is a positive thing, by any stretch of the imagination. But I am saying that to combat it, rather than invest in censorship, investment should be made into teaching people how to research and review articles and information to make their own conclusions on the truth or falsity of a particular story.

Now, let’s turn our focus to the side of the issue where problematic fake news can spread virally if left unchecked. If people are able to discern false content because they are educated on how to detect it, then they will be much less likely to share it. And, the outcome is likely that fake news will not spread very far, if at all.

Education on fact-checking, first amendment rights and independent thought will, accordingly, help prevent imposed censorship. While weakening Section 230 as a result of political issues is dangerous, unmitigated censorship of today's "public square" by unelected and faceless Big Tech employees needs to be addressed meaningfully. Fight for the continued existence of Section 230, but also against censorship, regardless of your political views.

Disclaimer: The content of this article constitutes general information, and is not legal advice. If you would like legal advice from Maxine Lynn, an attorney-client relationship must be formed by signing a letter of engagement with her law firm. To inquire, visit Sextech.Lawyer.

Maxine Lynn is an intellectual property (IP) attorney with the law firm of Keohane & D’Alessandro, PLLC. She focuses her practice on prosecution of patents for sex technology, trademarks for adult business brands and copyrights for porn and other creative materials. Through her company, Unzipped Media, Inc., she publishes the Unzipped: Sex, Tech & the Law blog and the Sex Tech Patent IndeXXX bulletin at SexTechLaw.com.

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

Why Retail Expertise Is Essential When AI Tools Analyze Store Data

Somewhere in one of our stores, someone scanned a barcode into a quantity field. The number entered was 8,388,607. At $19.99 per unit, that made a single line item worth roughly $167 million. The number was so large that the import failed immediately.

Zondre Watson ·
profile

Vendo CEO Mitch Platt Reflects on 20 Years of Lessons and Evolution

More than 20 years ago, three entrepreneurs in Barcelona began gathering over beers to pitch, dissect and routinely destroy one another's business ideas. The ritual was simple: One person arrived with a concept, while the other two tried to expose every weakness. Any proposal that survived earned another look. Most did not.

Jackie Backman ·
opinion

How to Avoid the Hidden Risks of AI-Generated Legal Documents

Artificial intelligence can write a contract in seconds, but that does not mean it can write the contract your business actually needs. Across the adult industry, operators, creators and producers are increasingly using generative AI to prepare model releases, performer agreements, privacy policies, takedown notices, employment documents and responses to regulators. The appeal is obvious: Legal work is expensive, AI is fast and the resulting document often looks impressively professional. That polished appearance is exactly what makes the practice dangerous.

Corey Silverstein ·
opinion

How Rolling Reserves Affect Cash Flow and Merchant Stability

You log in to your payment processor’s dashboard, discover they are withholding 10% of your sales, and immediately assume something has gone wrong. In reality, everything is working exactly as intended.

Jonathan Corona ·
opinion

What Federal Age Verification Could Mean for Adult Websites

Our industry has grappled with a patchwork of confusing and burdensome state age verification laws for the past couple of years. But that landscape could change quickly after the House passed the Kids Internet and Digital Safety (KIDS) Act (H.R. 7757) by a vote of 267-117, marking a significant federal step into this space.

Lawrence G. Walters ·
opinion

The Website Footer Requirements Every Adult Merchant Should Know

Since I started in this business 25 years ago, I've watched website footers evolve from a simple collection of links designed to help with SEO into important tools for meeting compliance and regulatory requirements, improving the customer experience and reducing chargebacks.

Cathy Beardsley ·
opinion

Why E-Payment Diversification Matters for Merchant Stability

Match payment methods to your customers. Look at where your customers are located, how they prefer to pay and which products they purchase. A business with significant European traffic may benefit from SEPA or Pay by Bank, while a subscription-based business may prioritize ACH or cryptocurrency. Add the payment methods your customers are most likely to use, as not every option is available.

Jonathan Corona ·
trends

AI at Work: The Tools and Practices Powering Creativity, Commerce and Compliance

For years, artificial intelligence felt like the plot of a science-fiction movie. Pop culture gave us Skynet from “The Terminator,” the replicants of “Blade Runner” and countless visions of machines replacing human creativity altogether. AI was cast as either humanity's next great breakthrough or the beginning of a dystopian future.

Jackie Backman ·
opinion

Key Questions Online Merchants Should Know About PCI Compliance

Choosing a payment provider involves more than comparing features and pricing. It's also about trusting that your customers' payment information is being handled securely. Every August, Segpay is recertified as a Level 1 PCI-compliant service provider, a milestone the company has achieved for the past 20 years. Having helped write Segpay's original PCI policy documents more than two decades ago, I've seen firsthand how PCI compliance has evolved.

Cathy Beardsley ·
profile

New Moon Network's Savannah Sly on Turning Lived Experience Into Advocacy

Savannah Sly is the first to admit she didn't always understand sex work. At 18, she was an art student in Boston, working part-time at a box office and, as she puts it, "broke as a joke." While looking for ways to make ends meet, she often found herself browsing Craigslist's adult ads, intrigued by the women advertising their services.

Jackie Backman ·
Show More