An All-Out Assault on the Sex Work Industry: How the New Administration Aims to Take Away Our Rights
Emily Pennington // SpankChain
Ever since Trump’s inauguration on January 20, the Free Speech Coalition has been busier than ever, combating unconstitutional age verification bills, tracking outlandish anti-porn proposals, and handling the aftermath of taking a case all the way to the Supreme Court.
As many of us have noticed, the current administration has been hell-bent on sending a nonstop barrage of new policy proposals, Executive Orders, and red herrings to distract the media, while more strategic rules shift quietly below the surface. Below, we’ll get into a smattering of the bills that we’ve got our eyes on and how they might affect U.S. sex workers in the coming months and years.
Free Speech Coalition at the Supreme Court
Let’s start with some good news. On January 15, the FSC’s case Free Speech Coalition v. Paxton was argued in front of the Supreme Court. The case is in response to an illegal age verification bill that was passed and signed in Texas. In short, they argued that adults have a First Amendment right to access sexual content online, and that the government cannot burden access to First Amendment-protected speech for consenting adults.
Vera Eidelman, a senior staff attorney for the ACLU even went so far as to say “Efforts to childproof the internet not only hurt everyone’s ability to access information, but often give the government far too much leeway to go after speech it doesn’t like — all while failing to actually protect children.”
The case won’t be decided until June, and Corey Silverstein, a First Amendment attorney working with the FSC thinks that the case will get kicked back to the Fifth Circuit Court, though he’s doubtful of its ability to make “strict scrutiny” of the bill at that point.
Age Verification Bills
2025 has already seen a flurry of activity regarding the many age verification bills being passed at the state level. The FSC has been combating them every step of the way.
Unfortunately, at the beginning of the year, three age verification laws (in Florida, South Carolina, and Tennessee) went into effect. The FSC has already filed a motion for a preliminary injunction in Florida, challenging the constitutionality of the law. In Tennessee, the 6th Circuit Court has granted a stay of the preliminary injunction filed, allowing this potentially harmful law to go into effect immediately. So far, South Carolina’s Child Online Safety Act has gone into effect with surprisingly little fanfare.
At the end of January, Mark Stabile testified in Arizona against HB2112, a bill that would “force Arizonans to upload government identification, undergo facial scans, or otherwise risk anonymity to access the internet.”
Other bills we’re keeping an eye on? The New York State Senate is currently mulling over a bill regarding age verification for online pornography sites. The FSC also recently withdrew its support of a North Dakota bill, after the state changed the responsibility to verify a user’s age from the device manufacturer to the websites themselves, which would negatively impact sex workers and adult content creators.
Red Herrings?
One of the most concerning things that has been taking place since the inauguration is the barrage of wildly unconstitutional bills circulating at the state level.
Oklahoma, for example, just introduced a bill that would essentially ban all pornography, including physical restraint, binding, and “lewd exhibition of the buttocks.” This bill, Oklahoma SB 593, proposes a fine of up to $10,000 for each distributed image and a prison sentence of up to 10 years for persons distributing such unlawful pornography. Silverstein called this kind of bill “the worst of the worst,” adding that “if the governor is silly enough to sign it, there will be a constitutional challenge almost immediately.”
Perhaps even more ludicrous are the “Conception Begins at Erection” acts that have been introduced in both Ohio and Mississippi. However, these acts were both put forth by Democrats, so it’s likely that they are intended as purposeful comedic backlash to current right wing efforts to take away a woman’s right to choose.
Though it’s highly unlikely that extreme morality bills like these will pass in Congress, it is possible that conservative efforts, like what we’re seeing in Oklahoma, are being used as flashy red herrings, to distract the media while more insidious pieces of Project 2025 are underway.
“It’s about drumming up more support for their voting base,” says Silverstein.
What Can I Do to Help?
“The good news is that our resolve is still there,” says Silverstein when asked about the state of the adult industry. “This is nothing new to the adult industry; sex workers have been under attack since the existence of sex workers… We’re not just going to lay down and die.”
Silverstein also noted that more people in the adult industry are publicly calling out lawmakers, whether that’s on social media or in the streets. And, because of the rapid-fire pace of current political developments, it’s more crucial than ever to support and be engaged with organizations like the Free Speech Coalition.
Similarly, he also noted that finding and supporting grassroots organizations that give back to sex workers is going to be paramount for the next four years. He specifically called out Pineapple Support for their great work in providing mental health services specifically for sex workers.
“I’ve seen aggressive right-wing attacks on the industry,” says Silverstein. “This is probably, from a volume standpoint, the most I’ve ever seen in 20 years.” As such, we’ll need to band together and take local action to get through these next few years. Stay engaged, stay informed, and make sure that you are calling your congresspeople to voice any disapproval you have at least weekly.
“Be loud, be proud is what I always say,” adds Silverstein. “Don’t allow people to push you into that corner.”
