Free Speech Issue: The Industry Talks

A version of these comments ran in the July 2012 issue of AVN, which is an exploration of free speech and the legal issues that affect the adult industry.

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

For people in adult entertainment, the 45 words contained in the First Amendment are like holy passages from a religious text, but people and institutions in the U.S. also count on those same words to protect their religious liberties. Currently, many religious leaders are screaming to the heavens that their rights are under attack by secular forces in society and the government, but one of the rights they want to "express" is the silencing of sexual expression they do not like. These are the profound differences that take place wherever the struggle over free speech takes place, which is everywhere. No matter the country or society, however, a fundamental truth remains that freedom of expression matters, no matter what your gripe may be. This section is devoted to all who struggle to speak freely, but especially to practitioners of erotic expression, who too often find themselves in the crosshairs of a hostile culture.

As part of AVN's celebration of free speech in the July 2012 issue, we tapped industry folks for their feedback. Responding were a number of industry attorneys, heads of adult companies, adult directors, and members of the Free Speech Coalition. We asked them three questions, and you'll find their answers below.

Two respondents submitted answers in the form of essays. Click to read responses by Girlfriends Films president Dan O’Connell and Bijou Video founder Steven Toushin.

 

Which free speech activist, past or present, has inspired you the most, and why?

Thomas Jefferson put his life on the line for freedom. Along with the founding fathers, he sought to protect individual rights. "Congress shall pass no law" abridging free speech. They did not put in an exception for pornography. They were people who thought clearly about principles. If the British had won, all those guys who signed the Declaration of Independence would have been hung.

—John Stagliano, Evil Angel

I am personally most inspired by Thomas Jefferson, the architect of the Bill of Rights, and the founding father who lit the fuse of free expression in this country. While his vision was much broader than free speech activism, his views on liberty in general, and free speech in particular, are inspirational and just as relevant today as they were 200-plus years ago.

—Larry Walters, Woodhull Sexual Freedom Alliance general counsel

On Independence Day, most people get drunk and watch a bunch of fireworks. But we also take the opportunity to honor the brave men and women who were wounded and have laid down their lives in defense of our nation. We reflect upon their great courage, knowing that they sacrificed so much for the principles represented in the words of the U.S. Constitution and Bill of Rights. Okay—that and some good smokes and a six-pack!

Therefore, my most inspirational historical free speech advocate is James Madison, the fourth president of the United States. Madison is the main man who put those principles into words, and is known as the father of the Constitution, and the Bill of Rights.

Unfortunately, like many other statesmen of his time, Madison was also a slaveholder on his Virginia plantation. That rightly tarnishes his reputation, but the value of his contributions to free speech is arguably as important as any American who ever lived.

My modern heroes are of course John Stagliano and Larry Flynt. And so far as I know, neither of them ever held slaves.

—Max Hardcore, director (aka Paul F. Little/former Federal Inmate No. 44902-112)

Nadine Strossen, who was president of the ACLU for most of the 1990s, authored the book Defending Pornography: Free Speech, Sex and the Fight for Women's Rights. She's a founding member of Feminists for Free Expression (FFE) and still serves on its advisory board. Strossen has been an extremely important advocate of the idea that women do not need to be protected from pornography or other kinds of speech and media. Many feminists have been anti-censorship—just look at the FFE site for detail and history about this—including many high-profile academics, and many of the important anti-censorship voices in the adult industry are women and feminists. But Strossen, because of her high-profile position with the ACLU, really brought these and other free speech and pro-sex arguments to the center of the discussion.

I should also say, of course, that I'm inspired by the work of the many men who've been free speech activists (and am especially moved by the men who have paid an extremely high price for being so outspoken, like Lenny Bruce and Larry Flynt. If anyone needs to be reminded what a high-stakes struggle this is, look at those guys). In my view, though, because feminist anti-pornography discourse has influenced so many people who are otherwise very pro-civil liberties, Strossen's articulate defense of sexual material and her important public role make her an important hero of mine.

—Carol Queen, Good Vibrations staff sexologist and Center for Sex and Culture co-founder

 

There have been many, including but not limited to Dr. Martin Luther King—his commitment to always speaking out for what he believed was right and his willingness to try to bring change peacefully. I admire Lenny Bruce and George Carlin for their willingness to fight the system and speak out. There are also Larry Flynt, Harry Mohney, Reuben Sturman, Russ Hampshire, Rob Black, Paul Little aka Max Hardcore, John Stagliano, Mike Norton, and many bookstore and video store owners throughout this country who were willing to get arrested and fight the charges. This also includes many store clerks and adult performers, and dancers.

—H. Louis Sirkin, Sirkin & Kinsley

It's hard to imagine a more influential advocate of free speech than Larry Flynt. Mr. Flynt's legal battles for the regulation of pornography, and his challenging of the Miller v. California obscenity exception to the First Amendment, have shaped the adult industry into what it is today. He's an outspoken, unapologetic, fierce enemy of hypocrisy who took a bullet in the back and still has more spine than most people on the planet. Love him or hate him, you gotta give him respect for his passion, his drive, and his relentless fight for the freedom of expression. And make no mistake, his speech might be slurred, but his tongue is still sharp as a razor. Larry will always say what he thinks. He's earned the right to do so.

—Axel Braun, director and head of Axel Braun Productions 

Clearly for me the free speech activist who has inspired me the most is Larry Flynt. Working for Larry for all these years has really shown me all that he has done to protect free speech and the First Amendment. Because of his actions and the legal cases that he fought, we get the right to poke fun at celebrities and dignitaries, whether on a show like Saturday Night Live or in the comics in Doonesbury. And within our industry the right to do all these parody movies that are prevalent today is because of the battles he had in the past.

—Michael Klein, Hustler

Larry Flynt’s bravery, intelligence and ingenuity in standing up for fundamental rights of free speech is a big reason why many of us in the industry are in a position to do what we do. Without Larry and others taking that stand, things could be very different for all of us.

—Graham Travis, Elegant Angel

I was very impressed by a documentary I saw about Larry Flynt recently, in which I learned that he helped get the press access to the battlefield in the war on Iraq. Clearly, this issue doesn't affect him or his business any more than the rest of us, and yet he fought for it anyway. I was also impressed by a statement I once heard him make: "You are in favor of freedom of speech if you advocate freedom for that speech you detest the most" (or words to that effect). How true that is, and how few politicians who claim to support freedom of speech really do when it’s less convenient for them to do so.

—Peter Acworth, Kink.com

Without a doubt it is Larry Flynt, because he was and is fearless. He was bold and daring during a time when that type of behavior seemed completely insane. When I was younger my friends and I liked to look at Hustler magazine but I had no idea of the depth of his battles. After reading his book and of course seeing the movie a hundred times I understood that his battles were first and foremost a fight for himself and his fledgling businesses, but it also became a fight for the common man who simply wanted to be entertained. Although I have my own business battles, I think I have it quite easy compared to Larry Flynt and those who suffered at the hands of a regulatory government and moral population that still would like to determine what we can or cannot enjoy in the privacy of our own homes. History is littered with wonderful, courageous figures who paid a tremendous price for the rights of others and for freedom of speech, often losing their lives, but I think that taking a bullet and never being able to walk again might be the most painful price of all. I don't directly base my life on any model that Mr. Flynt pioneered, but I truly admire the man and am grateful that I have been able to work in the adult sex business often under him and his great company. I don't think many of the younger people working in porn understand what the pioneers went through just to be able to show a pretty naked woman to the masses, but it should be taught or at the very least talked about.

—Will Ryder, director, X-Play

Well, the obvious answer is Larry Flynt. Mr. Flynt has fought for decades now to protect civil rights associated with free speech on a global level—because safeguarding adult-oriented speech helps preserve freedom for all forms of expression. This impacts every person in the United States, which in turn impacts people around the world.

The less obvious answer, though, are all the people, past and present, who work in the adult industry—folks who deal with marginalization and discrimination, subtle or overt, on a daily basis simply because of their chosen field. These “real life” activists work for every person’s right to speak their mind, while demonstrating the industry’s cultural and social significance.

—Chauntelle Anne Tibbals, visiting scholar at the University of Southern California, PVVOnline.com

With all due respect to Larry Flynt, the late Stanley Fleishman (founder of the First Amendment Lawyers Association and parent of modern obscenity defense), Lou Sirkin and many other extraordinary members of FALA, my greatest personal inspiration was a now-deceased Berkeley rhetoric professor, Fred Stripp. A minister, orator and extremely progressive activist, he made the abstraction of protecting unpopular speech come alive for me. He lived his life as he preached. The KKK burned a cross on his lawn in 1960 when he ran for mayor on a fair housing (no racial discrimination in selling or renting) platform. He was a fervent supporter of the student Free Speech Movement and fought against the “loyalty oaths” to his great professional and personal disadvantage during the red-baiting McCarthy era.

—Jeffrey J. Douglas, Free Speech Coalition

Notable free speech icons include Emma Goldman and pornography's own Larry Flynt, though it's the discourse and actions within my own Bay Area community that have impressed me the most. From activists in San Francisco and Oakland to authors and community leaders throughout the Bay Area, I'm grateful to live in a progressive culture that values critical dialogue within the intersections of queer and trans folks, people of color, sex workers and others to nurture strengths. It's the daily acts of courage that continue to maintain and increase our freedom of speech.

—Jiz Lee, performer

It's hard to say which free speech activist most inspires me since I've read about and met so many admirable people who work to protect our First Amendment right, but I am especially impacted by Fred Phelps. Yep, he's the "God Hates Fags" guy from Westboro Baptist Church who pickets soldiers' funerals and gay rights events. I completely disagree with Phelps’ derogatory messages and I wish that he would stop spreading hate. But every time courts grant him the right to say these things in public I remember that protecting free speech means protecting all speech—even speech with which I don't agree.

—Kara Price, performer and Free Speech Coalition board member

Non-adult: Norma McCorvey (Jane Roe). She stood up for her personal right to privacy. And not to minimize, trivialize or marginalize what this landmark case stands for, this is what a lot of us in the adult industry and our customers strive for.

Adult Part One: Reuben Sturman and Larry Flynt, because each challenged free speech ordinances while already successful—often difficult, expensive cases. Flynt’s challenge of Miller and his continued stance against censorship exudes determination and a vigilant adherence to his principles.

Adult Part Two: While this question seems to speak to the singular, I would be remiss to not mention that I think one of the most important and overlooked inspirations came from Hal Freeman in 1987 versus California. In essence his case, which was won at the state supreme court level, basically allowed shooting hardcore movies legally in California. Considering this was at the heart of Reagan’s second term in office and just one year past the publication of the Meese Report—which Reagan ordered the then attorney general to do—this was a huge win. California was unsuccessful in getting the U.S. Supreme Court to review the case, thus ensuring the ruling. Had he lost, every studio would be at risk of pimping and/or pandering by using paid performers.

—Joel Kaminsky, Free Speech Coalition board member

Phil Harvey has a strong history of fighting for personal liberty. His mail-order business started as a way to supply condoms to people in poverty. He still uses his companies to help people in poverty control the size and timing of their families.

—Diane Duke, Free Speech Coalition executive director

Lou Sirkin. He was my idol from the day I started learning about the law and has been a mentor and a great friend ever since. When I was just starting out, he was so generous with his time. Any time I had a question, or got frustrated, he was there. Getting to work with him on cases has been the highlight of my career. He genuinely cares about what he does more than anyone could possibly know and his passion continues to drive him every single day. From the Mapplethorpe trial to Ashcroft v. Free Speech Coalition, to U.S. v. Stagliano, Lou has poured his heart and soul into protecting all of us from censorship. Years ago, when I was just a guitar player, there was a famous poster that said “Clapton is God.” If people in this industry knew what I know about Louie, there would be “Sirkin is God” posters in every adult business in the country.

—Allan B. Gelbard, XXXesq.net 

There have been many throughout history, but currently I’m a big fan of Diane Duke of the FSC, who understands the issues we face in the industry and works very hard to help all of us with her team of dedicated professionals.

—Steven Hirsch, Vivid Entertainment

What industry threat has affected your business the most, and why?

The greatest threat to our business is rampant online piracy. The consumption of our products has never been greater, but sadly, as throughout all different forms of media, such a large proportion of that consumption is illegal through tube sites and torrents.

 —Graham Travis, Elegant Angel

Free porn is the only thing that has really affected my business. In my world, if you give something away for free or somebody effortlessly steals yours and others' work without consequence, the value ceases to exist. People can talk all they want about how this is great for the industry because it is widening the viewing audience globally but I say bullshit to that notion.  I am smart enough to understand that we are going through a tremendous revolution but I am really not sure where it will wind up. In simple economic terms free does not equal good for anybody.

—Will Ryder, X-Play

Piracy—facilitated by the unintended consequences of the Digital Millennium Copyright Act. It needs to be updated, and the ISP safe harbor provisions modified to narrow them back to their intended purpose—otherwise not only adult, but all pre-recorded entertainment will be just a memory in the not too distant future.

—Allan B. Gelbard, XXXesq.net

Online piracy is pervasive and has affected all content producers.

—Steven Hirsch, Vivid Entertainment

Piracy and the gradual erosion of the value of online content is the primary issue. As a secondary issue, online anti-pornography activists. A few months ago, we had successfully negotiated Groupon deals to sell tours of our production studio, which is also a historic armory in its own right. Online anti-porn group Morality in Media attacked Groupon and managed to get a future deal with them suspended.

—Peter Acworth, Kink.com

At this moment I'm loving queer pornography's increasingly open interpretations of sexuality. This openness makes it possible for performers to get into the industry, bringing sexual confidence and pride in many kinds of audiences. Porn can play a powerful role within queer sexuality as it provides uncensored examples of diverse desires in action. Our obstacles are sometimes internalized struggles within our own fight to see and express ourselves as beings capable of healthful, sexual agency. But these sexual freedoms aside, we're all bound by limitations and regulations such as 2257 regulations which brings issues of security and privacy—it also may be sensitive information for transgender performers who may not have legal changes to their documentation. Although the work I do in San Francisco is not affected by L.A.'s condom ordinance, large and small companies alike are held to restrictions from credit card processors detailing what can and cannot be shown in our content.

Piracy has made its mark on our productions. It sucks to find a torrent version of my work pop up before I've even been given a copy for myself.

As a sex worker, the only time I've feel exploited is when my work is pirated. It's not fair to the production and all the people involved; it's a non-consensual arrangement when a viewer steals our work.

—Jiz Lee, performer

I believe that legal threats like 2257 compliance requirements, obscenity trials and condom regulations impact all aspects of the industry. Legal pressure prevents us from taking risks and expanding our businesses to their fullest potentials. Legal issues cost us money, job opportunities, and in some cases the right to choose how we protect our health and safety.

—Kara Price, performer and FSC board member

Censorship is like an untreatable cancer that spreads quickly. Everyone must always be prepared to stand up against it and be prepared to fight. I think the willingness to fight the battle head on has lessened in the adult industry and the togetherness to fight is evaporating. Many in the industry have a false sense of security so they are unwilling to help others and, at times, overlook what is really happening. Remember what was written during the Third Reich: “First they came for the union members … then they came for me and there was no one left to speak for me.”

—H. Louis Sirkin, Sirkin & Kinsley

Always looming over this industry is the Miller v. California case from 1973, which basically states that obscenity is not protected by the First Amendment. It is impossible to have intricate knowledge of communities outside our purview. I don’t know if this answers the question of an industry threat but is at the root of obscenity prosecutions. As far as our business, the biggest threat is the moving target of what is defined as “adult” in zoning laws.

—Joel Kaminsky, FSC board

As a First Amendment advocate, obscenity prosecutions, rare as they are, are the most painful. As a business person, trying to keep a law practice afloat, piracy and the industry’s difficulties in adapting to the new business models have been the most difficult as my client base has shrunk and the desperate financial environment has reduced my client base’s ability to pay for consultations and other services.

—Jeffrey J. Douglas, FSC board

I think we have a real threat in the public opinion that sex businesses are somehow different from every other category of business, and explicit art isn't like other art, or isn't really art at all. And being able to separate sexuality this way from other endeavors means that even people who love—LOVE!—porn or sex toys or live erotic entertainment often will not go to bat for these things: won't write a letter to their senator, won’t call their city council member who wants to make zoning laws more stringent, won't ask candidates to preserve and protect porn, won't stand up and be counted as a consumer of adult entertainment of any kind. The other side certainly gets candidates involved in their anti-porn urges!

In my view, our inability to fire up our partisans underlies a lot of other problems, because all the threats cited above relate to insufficient support in Congress, in statehouses, and in the larger culture as a whole. Australia has a pro-sex political party! Way to go, Down Under, but the U.S. does not seem to be ready for that. At least the Woodhull Sexual Freedom Alliance is taking the discussion right to the doorstep of Congress.

—Carol Queen, Good Vibrations and Center for Sex and Culture

The biggest threat is the religious right, and organizations such as Morality in Media, and the American Family Association. These groups reinforce unfounded stereotypes regarding sexuality, erotica, and sex workers that are dangerous to our fundamental liberty interests and harmful to those being stereotyped. These morality groups are organized and well-funded—something that sexual freedom advocates often lack. However, the Woodhull Sexual Freedom Alliance’s mission is to become as organized, or even more organized and powerful than these erotophobic groups, and help all individuals become more comfortable with their own sexuality, and with discussing sexual topics. The frank discussions that occur during National Sexual Freedom Day, and other events, help empower free expression advocates, and affirm sexual freedom as a fundamental human right. We provide the important voice to counter the propaganda constantly streaming out of the anti-sex groups. We’re making progress, but there is much work to be done.

—Lawrence Walters, Woodhull Sexual Freedom Alliance general counsel

The actual and potential threats of obscenity prosecutions seem to have done little to alter the amount or nature of the porn being produced. Porn is harder than ever and just keeps on getting better. So I see the greatest threat coming from two fronts. Firstly, the blatant online piracy which has put many good people out of business, and hurt those who have managed to survive. The second comes from anti-pornography activists, who will continue to push our ass-kissing politicians for more restrictive adult entertainment laws, and make it even more expensive to operate an adult business.

—Max Hardcore, director and former Federal Inmate No. 44902-112) 

The top thing affecting our industry today is online piracy and the rampant amount of free adult content available on the internet. We are always going to be dealing with issues such as attempts by the government or the religious right to try to censor our businesses or regulate it out of business, but the battle is tougher when you have to deal with that and then at the same time deal with others within the industry that are hurting the business by giving the product away for free without any regulations.

—Michael Klein, Hustler

FSC is impacted proportionally by the threats that impact the industry. Over the years it has been over-reaching government regulation such as COPA, 2257, obscenity, zoning issues, and condom regulations, etc., that have been on FSC's list of issues. Piracy is a big concern for FSC as it has significantly reduced revenues for many adult companies. Performer health and safety impacts many of our members and is a priority for FSC.

—Diane Duke, FSC executive director

The threat that has impacted our business the most is content piracy, along with the complacency around it. Piracy has turned a product that was highly valued just eight years ago and made it more popular than ever, but it has simultaneously diminished the likelihood of consumers to buy that product. Consumers have been overexposed to free content and many are unaware that the site they are viewing the content from is unauthorized to distribute it in the first place. At the same time, we've seen too many content owners fail to grasp what they can do to counter piracy, despite the availability of some effective approaches that mitigate the damage.

—Allison Vivas, Pink Visual Productions

Obviously in my case being prosecuted for obscenity has affected me the most. They sought to put me in jail for a long time, for selling a DVD.

—John Stagliano, Evil Angel

My observations over the years have led me to believe that the biggest problem impacting the adult businesses today comes from not combating industry threats collectively.

When faced with the hydra of 2257 regulations, online piracy, anti-pornography activists, efforts to censor porn, obscenity prosecutions, condom regulations and the like, the whole is far greater than the sum of its parts. And though collective efforts within the industry to battle one or some of these threats certainly exist, they generally seem woefully under-supported. Relatively individual efforts targeting one issue are more the norm, which unfortunately gives the remainder of the combined threat time to flourish.

History has shown us that organized collective action on multiple fronts is the best way to combat such multidimensional issues. The adult industry’s tendency to refrain from collaborative defense (and offense!!) seems to be the most significant peril of all.

—Chauntelle Anne Tibbals, visiting scholar at the University of Southern California and PVVOnline.com

 

Do you think the adult industry will have more or fewer free speech rights in five years?

I believe there are many battles ahead for the industry. Please encourage all the magazine readers to read the article written by Senator Orrin Hatch appearing in the June 6, 2012, Stanford Law and Policy Review: “Fighting the Pornification of America by Enforcing Obscenity Laws.”

I also think, in general, this country as a whole has become completely complacent and uncaring about protecting and maintaining our basic civil rights. After all we are permitting school boards and educators to rewrite textbooks and American classics by not telling the truth because the language may be offensive to some. We also have become a nation in which not only does money elect our government representatives but also money controls who may or may not be able to fight the fight and stand up for what is right for them and all others.

—H. Louis Sirkin, Sirkin & Kinsley

As the older generations that thinks porn, masturbation, alternative lifestyles, etc. are abnormal die off, it will be increasingly difficult for the government to obtain obscenity convictions. I doubt the Miller standard will change any time soon. But remember that much of the harm these prosecutions cause is to those that are acquitted as they have to spend fortunes to avoid jail. I'm relatively certain that if Romney is elected, we will see a resurgence of federal prosecutions (as he will owe favors to the religious right), but probably not a high rate of convictions. But unless this country wakes up and fights back against the resurgence of the religious right—and their intentions to impose their moral beliefs on the rest of us—not just the adult industry but all of us will be less free in the future.

—Allan B. Gelbard, XXXesq.net

Unfortunately with 9/11 our government took full advantage of our nation's fear and anger and began imposing regulations that not only have impeded our right to free speech, but also our right to privacy. Unless the government's newfound pass to disregard the Constitution is revoked, I think government zealots will have a new box of tools to go after those who exert their rights to free speech and privacy. Who is elected to Congress and to the White House and their respective agendas will dictate just how oppressive the next five years will be.

—Diane Duke, FSC executive director

Despite the fact that we have knowledgeable and committed attorneys in the adult community constantly fighting for our First Amendment rights, unfortunately, I think the adult industry is likely to have fewer free speech rights, because of the vagueness of obscenity laws and how authorities take advantage of that vagueness.

—Allison Vivas, Pink Visual

About the same.

—Peter Acworth, Kink.com

This is a wide berth questions as it speaks to the entire “adult” industry—and would be a lot easier to answer if we knew the answer to the November election! Assuming another four years of Obama, I would like to think that we will be enjoying more free speech rights—though I sometimes get less hopeful when a “Nipplegate” television wardrobe malfunction fine of over half a million dollars took seven years to be finally overturned.


Joel Kaminsky, FSC board

We are on the right side of history. Even without the Internet, all trends point toward greater acceptance of commercialized sexuality. The magnitude of sexually explicit transactions on the Internet has essentially reduced government oversight to statistically insignificant events. The government will always retain the power to destroy lives, but the ability to censor broadly has already been lost.

—Jeffrey J. Douglas, FSC board

Unless the USA turns into a dictatorship, which is very unlikely, I think we’ll have more free speech rights. The web has its pros and cons but even more people will be using it in five years and they will have the opportunity to make their views public. With porn getting caught up in the pop cuture mainstream it's become more acceptable and not likely to get the "censored" vote.

—Steven Hirsch, Vivid Entertainment

Many of us in the adult industry are working hard to protect to free speech, and I hope that these efforts continue help protect and expand our rights in the years to come.

—Kara Price, FSC board

The adult industry is in danger of losing ground to a conservative backlash that began to take form in the 2010 election cycle. We may face a conservative Republican in the White House next year, along with a similarly conservative, right-wing attorney general, who is likely to take a much more aggressive approach to things like Section 2257 enforcement, obscenity, interstate prostitution, etc. The adult industry must prepare for this eventuality. While the public, in general, is seemingly more comfortable with sexual topics, particularly given the vast amount of material available on the internet and other media, politicians will still use the adult industry as a whipping boy, in order to pander to their base supporters. Much will hinge on the results of the 2012 elections, but erotic speech is also in danger in the courts, given the overwhelmingly conservative judiciary. Most of the legal decisions involving adult entertainment in recent years have been adverse to the industry, resulting in some lost constitutional ground. Hopefully, these threats to erotic liberty will incentivize people to become active in this critical battle. The time to take a stand has come.

—Lawrence Walters, Woodhull Sexual Freedom Alliance general counsel

I certainly hope we will have more—I'm one of the many plaintiffs attached to the FSC case against 2257 regulations, currently wending its way through the court system. Were we to prevail in that case, a big chill would be removed from erotic expression—or at least a big danger looming over those who make erotic material. However, until I have a better read on the way presidential election results in November will go, I don't feel that I can predict this. If the Republican ticket prevails, I feel fairly certain that we will have fewer free speech rights. I don't think the Democrats are a pro-sexual-speech prize by any means, but I think the Republicans are in another, and far more dangerous, category altogether. Good Vibrations is hosting a Sex Summit in October, just before the elections, where many of these ideas will be explored by a group of terrific speakers and activists.

—Carol Queen, Good Vibrations and Center for Sex and Culture

The overall trend is toward people being more accepting of porn. But in five years I suspect that we will still be struggling as a country to get out of the great recession. After all the great depression took us 10 or 12 years to get out of. We did all the same things wrong trying to get out of that, that we have been doing now. (But if Rand Paul is elected president we will have a chance.) A country that goes through the trying times that will come when our debt overwhelms us might do a desperate thing like move completely toward a totalitarian government. We are almost there now. If the winds of public opinion go against porn, there won't be a shred of a constitution left to defend our right to exist.

—John Stagliano, Evil Angel

It depends on the national political climate. The adult industry is an easy target, and I don't anticipate that changing anytime soon.

—Graham Travis, Elegant Angel

No doubt our country has become more conservative of the last 20 years. What the hell happened to the principle of mind your own fricking business? The concept of personal freedom has been forgotten by many Americans; in their blind eagerness to fight terrorism, many simply stand by as the government steadily chips away the very rights which made our country great.

—Max Hardcore, director and former Federal Inmate No. 44902-112)

Most likely we will have less freedom because insecure leaders will continue to try to control other people's lives. We will never outlive a time when others want to put restrictions on everyone and everything. Our local city council is full of wasted motions that do nothing but handcuff small business. Our state government is a broke mess that is chasing existing business to new states and our federal leaders appear clueless at times. Private-sector health concerns gather thousands of signatures on a petition under misleading statements and get green-lighted to impose their will on private enterprise. How's this for a revolution: I won't tell you what to do inside your own home if you don't try to restrict me from making an honest living with consenting adults.

—Will Ryder, X-Play

In spite of wider U.S. culture’s current inclination toward inclusivity and social justice, the adult industry is still regarded as … “pornography.” Regardless of myriad social benefits, people continue to pass judgment on the industry and/or feign discomfort with its products. So I don’t think anyone is going to be fighting on behalf of the adult industry’s free speech rights anytime soon …

… so it’s up to the industry itself!! And even though there are the expected challenges of running a business in a struggling economy and that looming hydra to contend with, folks have to be mindful of existing laws and developing issues. The industry must be proactive and vigilant in order to maintain (and hopefully extend) the free speech rights it currently enjoys. It’s not a fair or balanced task and plenty of entities outside the industry will reap the benefits, but whatevs—there’s some honor in fighting the good fight.

—Chauntelle Anne Tibbals, visiting scholar at the University of Southern California, PVVOnline.com