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 © 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

opinion

WIA Profile: Lainie Speiser

With her fiery red hair, thick-framed glasses and a laugh that practically hugs you, Lainie Speiser is impossible to miss. Having repped some of adult’s biggest stars during her 30-plus years in the business, the veteran publicist is also a treasure trove of tales dating back to the days when print was king and social media not even a glimmer in the industry’s eye.

Women in Adult ·
opinion

Kraig McGee Blends Family Biz Experience, Creative Background at TAF Distributing

Walk into any Adam & Eve store in the Mountain West region of the U.S. and you’ve likely stumbled into a TAF Distributing outfit. Owned by industry veteran Kraig McGee Jr. and staffed by his closest family members, McGee’s 35 TAF-operated stores span 13 states, from woodsy Idaho to scenic Utah and well beyond.

Colleen Godwin ·
opinion

Fighting Back Against AI-Fueled Fake Takedown Notices

The digital landscape is increasingly being shaped by artificial intelligence, and while AI offers immense potential, it’s also being weaponized. One disturbing trend that directly impacts adult businesses is AI-powered “DMCA takedown services” generating a flood of fraudulent Digital Millennium Copyright Act (DMCA) notices.

Corey D. Silverstein ·
opinion

How Pleasure Brands Can Ethically Market to LGBTQ+ Communities

Every June, the rainbow floodgates open. Suddenly, pleasure products are “Pride-themed,” companies change their logos and brands rush to show just how inclusive they are — at least for 30 days. But as a queer, nonbinary marketing strategist who works with adult brands year-round, I’m here to say: Rainbow dildos alone are not progress. They’re often just noise.

Hail Groo ·
opinion

Building Seamless Checkout Flows for High-Risk Merchants

For high-risk merchants such as adult businesses, crypto payments are no longer just a backup plan — they’re fast becoming a first choice. More and more businesses are embracing Bitcoin and other digital currencies for consumer transactions.

Jonathan Corona ·
opinion

A Retailer's Road Map for First-Timers' Anal August

Anal August offers a prime opportunity for brands and stores to capture new customers and drive growth in a category that’s gaining mainstream momentum. As consumer interest in anal play continues to rise, now is the time to meet first-time buyers where they are, with approachable products, trusted education and a clear path to pleasure.

Matthew Spindler ·
opinion

What the New SCOTUS Ruling Means for AV Laws and Free Speech

On June 27, 2025, the United States Supreme Court handed down its landmark decision in Free Speech Coalition v. Paxton, upholding Texas’ age verification law in the face of a constitutional challenge and setting a new precedent that bolsters similar laws around the country.

Lawrence G. Walters ·
opinion

Optimizing Your Leadership Through Wellness Practices

For many of us, 2025 has proved intensely stressful — and we’re still only halfway through the year. In times like these, it may seem counterintuitive or even irresponsible to talk about seeking pleasure. Yet pleasure, presence, joy and connection can help you return to a mental and physical state that allows you to face and handle stressors.

Sarah Tomchesson ·
opinion

What You Need to Know Before Relocating Your Adult Business Abroad

Over the last several months, a noticeable trend has emerged: several of our U.S.-based merchants have decided to “pick up shop” and relocate to European countries. On the surface, this sounds idyllic. I imagine some of my favorite clients sipping coffee or wine at sidewalk cafés, embracing a slower pace of life.

Cathy Beardsley ·
opinion

Falcon/NakedSword Suit Up for Sin in 'To the Nines'

Collabs aren’t just for content creators. Established studios are joining forces and blending brands for large-scale, expectation-defying productions aiming to take porn to the next level. The latest such project is “To the Nines,” the first-ever collaboration between Falcon Studios and MenAtPlay.

Christian Cintron ·
Show More