| DVTimes |
05-20-2022 07:14 AM |
Porn could be in danger if Roe is overturned
Porn could be in danger if Roe is overturned
https://mashable.com/article/porn-sex-work-roe-v-wade
If Roe v. Wade is overturned, as the leaked Supreme Court opinion deemed, current fabrics of modern American life will be unwoven. Abortion rights are at risk, and people fear that cases about rights to contraception and marriage can be overturned next.
Perhaps less on the public's radar, however, is the potential threat the draft opinion poses to the right to access and produce pornography.
Roe v. Wade upheld the right to an abortion via one's right to privacy which not only is protected by several amendments (the First, Fourth, Fifth, Ninth, and Fourteenth, according to law archive Oyez), but has also been utilized in Supreme Court cases beyond the 1973 decision. If that precedent is no longer there, however, Americans' digital privacy could be at risk — including for people who make and watch porn.
One such case where this right was cited is Stanley v. Georgia, which actually pre-dated Roe by four years. When police searched through Robert Stanley's home for bookmaking (betting) materials, they found reels of pornographic film. The Supreme Court decided that, given the right to privacy, Stanley was allowed to own porn in his own home. He was also protected under the First Amendment right to freedom of expression. |
