Is Utah Really Trying to Ban Porn?

I came across an article on Reddit (yes, college boys in my large lecture class, I know how to use Reddit too) with a headline claiming that Utah was banning porn. At first, I was shocked. Was this a joke? Could they actually enact legislation to ban pornographic material across an entire state? Isn’t there some kind of freedom of speech issue there? So, I started to read up on this law and Utah’s porn history–it’s all thankfully less NSFW than you might anticipate.

Here are the facts: Senator Todd Weiler, a state senator in the great state of Utah, introduced legislation this past week in attempt to have the state consider porn a “public health crisis.” Ironically, this is kind of along the same vein as what happened with the Zika virus recently, but on a smaller scale since it would only be statewide. The main concern Weiler seems to have is how accessible porn is becoming, especially to young teens, as he claims it “perpetuates a sexually toxic environment.” The proposed bill lists around 18 points describing the negatives affect that porn could have on society including, but not limited to, marriage failure, the fact that it treats women as objects, and that it can impact brain development and cause addiction.

So, Utah is not quite banning porn. Senator Weiler seems to be more interested in getting the potential negative effects on everybody’s radar; in fact, one of the specifically stated goals of the bill is to do just that:

This resolution recognizes the need for education, prevention, research, and policy change at the community and societal level in order to address the pornography epidemic that is harming the citizens of Utah and the nation.

To be fair, this whole thing may be a little overblown. “Epidemic” and “public health crisis” seem like strong words to be using when we’re just talking about porn, right? Honestly, after looking at some of the data behind porn addiction in the U.S., it seems like it’s a pretty scary reality for some people. On top of addiction, according to some studies, the average age of exposure to porn may be as low as 11 years old, which certainly doesn’t seem like a good thing.

Utah in particular has has an especially interesting history as far as porn is concerned. In 2005, Governor Jon Huntsman Jr. signed H.B. 260 into law, which essentially required internet providers to block pornographic websites at the request of consumers and heightened penalties for distributing porn, especially to minors. Then, in 2009, a man by the name of Benjamin Edelman conducted a study on which states consumed the most porn and why. The results? Almost every way you look at it, Utah came out on top, whether it was users per thousand people, per thousand homeowners, or per thousand broadband users.

In 2013, satire sites made fun of Utah by spreading a story that one of its cities had implemented a 30-day in jail minimum for first offense porn watching. The best part of this satirical news? People believed it, and, for a while, the nation thought Utah had really implemented jail sentences for watching porn–which is obviously ridiculous. The good news for Utah residents is that their laws to decrease porn use and subsequent embarrassment for being the country’s highest porn consumer led to some overall changes, and they have now slid back down the scale to a more moderate consumption of adult videos per capita–as you can see below in a graphic drawn up from Pornhub data in April of 2014.

All in all, I don’t really think this bill is the draconian First Amendment violation that it originally appeared to be. What Utah is trying to do is educate people on the potentially harmful effects that porn can have on children, teens, and even adults (when they get too attached). The senator seemingly has the stats to back up his claim and porn problems seem to be a lot more prevalent in our country than I ever really assumed they were, so maybe some public awareness could be a good thing. Then again, with the attention grabbing and misrepresentative headlines this legislation has been getting, I expect this bill to have some stiff opposition.

Alexandra Simone

Alex Simone is an Editorial Senior Fellow at Law Street and a student at The George Washington University, studying Political Science. She is passionate about law and government, but also enjoys the finer things in life like watching crime dramas and enjoying a nice DC brunch. Contact Alex at ASimone@LawStreetmedia.com