While the Free Speech Policy Initiative isn’t new – now that we know Donald Trump is going to become the next President of the United States of America, it is important to review his policies and initiatives and determine how it will impact the adult industry. Many creators are under the impression that Trump aims to dismantle the porn industry and make the creation, sale, and distribution of pornography illegal; they are under this impression due to extreme right-wing individuals that have worked closely with Trump (and most likely have supported his campaign with their audience… and money.) Fortunately, Donald Trump has never expressed intentions to ban pornography and equally denies any endorsement or knowledge of Project 2025 which does aim to ban and criminalize pornography. Surprisingly enough – Trump may even help the adult industry with his Free Speech Policy Initiative.
I’d like to emphasize that these are proposals and ideas which outline his intentions and we will not see these results until he is inaugurated. If Trump does follow through on this initiative, we will have a better idea of what it means for the porn industry once official legal documents and proposals have been released.
What is the Free Speech Policy Initiative proposed by Trump?
In December of 2022, Donald Trump officially announced on his blog a “Free Speech Policy Initiative” that aims to eliminate online censorship and protect businesses that operate online. He also plans to adjust the current state of Section 230 and remove the liability from companies of being held responsible for user generated content. While you can read the entirety of his 5 step plan on his blog; we’re going to dissect the most important parts and how they could impact the online adult industry and porn community.
Executive Order which would protect online businesses
“FIRST, within hours of my inauguration, I will sign an executive order banning any federal department or agency from colluding with any organization, business, or person, to censor, limit, categorize, or impede the lawful speech of American citizens.” This could mean, or result in, a multitude of outcomes but leaning towards the most optimistic of options: this could prevent any government organizations from intentionally targeting websites or social media platforms that allow pornography to be posted. Pornographic content is technically protected under the First Amendment and this could mean that social media platforms will feel more comfortable allowing NSFW user generated content which is extremely beneficial for marketing as an adult content creator.
Revision of Section 230 after it was gutted from the EARN IT Act
“I will order the Department of Justice to investigate all parties involved in the new online censorship regime, which is absolutely destructive and terrible, and to aggressively prosecute any and all crimes identified.” While this clearly is relevant to the spread of political ideologies, this promise does carry over into the world of online pornography as the adjustments to Section 230 via the “EARN IT Act” did have negative effects on the porn community.
“THIRD, upon my inauguration as president, I will ask Congress to send a bill to my desk revising Section 230 to get big online platforms out of censorship business.” Surely this is a result of a close friendship with the owner of X formerly known as Twitter but if it allows for Section 230 to get corrected and encourages websites to feel more comfortable with NSFW content again, it can serve as a positive change for the adult industry.
Legal requirements to inform users about shadow-bans and traffic throttling and remove content moderation for adults
“Furthermore, when users of big online platforms have their content or accounts removed, throttled, shadow-banned, or otherwise restricted no matter what name they use, they should have the right to be informed that it’s happening, the right to a specific explanation of the reason why, and the right to a timely appeal. In addition, all users over the age of 18 should have the right to opt-out of content moderation and curation entirely, and receive an unmanipulated stream of information if they so choose.” This part of the Free Speech Policy Initiative is likely the most impactful to the online adult industry because it legally requires websites to provide every user with transparency regarding shadow-bans AND makes it so any user over the age of 18 will be able to opt-out of content moderation. While the content moderation is probably intended to be relevant to political ideas; a total opt-out of content moderation would mean that anyone over the age of 18 would be able to access ANY content that they want to without censorship… including porn!
How does the Free Speech Policy Initiative help Online Adult Content Creators?
Donald Trump’s Free Speech Policy Initiative, which advocates for a reduction in censorship and increased protections for freedom of expression online, could potentially be beneficial for the adult industry. The adult industry often faces challenges related to restricted content distribution, payment processing issues, and social media bans due to current censorship policies. With the initiative aiming to curb these restrictions, adult content creators and platforms could experience a reduction in bans, shadow-banning, and demonetization, allowing for more reliable access to audiences and stable revenue streams. Additionally, clearer protections for legal adult content might enhance the industry’s ability to operate within established legal frameworks without excessive interference. By fostering a more open internet, the initiative could empower adult content creators to thrive under conditions that respect both free expression and responsible, consensual adult entertainment.
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