The First Amendment is officially a joke

The last month has been very eventful for freedom of speech on the Internet, and not for good cause. Last week, Tumblr announced a total ban on pornography would be implemented on December 17th. As has often been the case in past moral crusades against pornography, the impetus for this is a classic “think of the children!” scenario. In a statement, Tumblr makes it explicitly clear that their underlying motivation is to crack down on child pornography. But, it should be obvious to us that this excuse is a hollow in its self-righteousness. First of all if it was truly only child pornography they were concerned with, they would not be so focused on removing all adult content on the website. Secondly, despite the website’s claims to still allow free discussion about sexuality, the new move appears to present a credible threat to various sexual subcultures, sex-positive activists and sex workers by targeting their content even if it is not overtly pornographic.

In addition to this, art featuring nudity will inevitably also be targeted by this blanket and imprecise ban, as classical religious artwork featuring nude goddesses, saints and even Jesus himself have been flagged as “adult content”. This will not simply affect classical art either. Stealing Knowledge, a Tumblr blog which catalogues all sorts of interesting and obscure tidbits pertaining to my favored gamed series Shin Megami Tensei, also expects to have content flagged and then removed from the website, especially under ridiculous pretexts. And Tumblr is not alone in such censorship of art. Facebook actually banned an art historian and curator named Ruben Cordova from their website for posting pictures of Met Bruer’s popular exhibition Like Life: Sculpture, Color, and the Body, which seems to have triggered the website’s algorithm for nude photos which are banned by the website. With this in mind, it becomes empirically clear that Tumblr is joining a much broader trend in social media of sanitizing online space under the guise of fighting child pornography.

Now you might be wondering what precisely this whole thing has to do with the First Amendment of the United States constitution. Well there are those who speculate that Tumblr was simply gearing up for new FOSTA-SESTA legislation which will have nasty consequences for the future of online pornography in general. Under the pretext of fighting human trafficking (on that point it’s worth mentioning that only a small number of cases actually relate to pornography), SESTA legislation will target websites that allegedly “promote or facilitate prostitution”, which is broad enough that legal escort services, certain cryptocurrencies and even pornography might be included. As a matter of fact, supporters of such legislation themselves are quite candid in their hope that such legislation will lead to a ban of pornography entirely. This is problematic because of the fact that the First Amendment protects most forms of erotic entertainment, with obvious exceptions such as child pornography and revenge porn, and in fact there are already fears that FOSTA-SESTA represents an intrusion of First Amendment rights.

I cannot ignore the irony of all this. The First Amendment is supposed to be America’s ironclad guarantor of freedom of speech and expression in the United States, the example of such for the free world (in contrast to my country where we don’t even have a written constitution). But the powers that be can effectively subvert it in the name of a substanceless moral panic disguising the expansion of unitary power over free expression. This applies not only to pornography and sex-positive communities (not to mention online LGBT groups), but also, as I’ve pointed out months ago, criticism of Israel. America, for its pretense to care about freedom of speech, is quite prepared to destroy it in as many ways as it can get away with in order to sanitize public discussion on the Internet.

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