With social issues defining more and more political campaigns, Rothbard’s pitch for the GOP became a relevant playbook for future candidates. If the motto “Culture is downstream from law,” has taught us anything, it's that the relationship between legislation and behavior has been consistent. Murray Rothbard was hesitant to place pornography as a viable subject for private property rights. However, many political figures have been using the populist strategy to outcompete its statist foes.
When Rothbard addressed the feminist critique of pornography, the argument was fought on idealistic grounds (Rothbard, pg. 199). By this logic, the sexual revolution could’ve only became a slippery slope if the alarmists transformed into militant activists. Unfortunately, this was the exact evolution that dictated second wave feminism. What started as a breach of the Hays Code evolved into an online phenomenon where exploitation has been kept from mainstream coverage. He described the slippery slope that has consumed the 60’s counterculture rally cry:
In today’s increasingly degenerate intellectual climate no simple truths can any longer be taken for granted (Rothbard, pg. 200).
This was the state of society in the 70’s that experienced abandoned families and egalitarianism. By contrast, the progression of 21st century pornography as an industry conflicts with its previous status as a recreational private property concern. He doubled down on the condemnation by establishing the key dichotomy in Rothbardian ethics:
A man's right and the morality or immorality of his exercise of that right.
As a topic, pornography was addressed on moral terms and that determined its verdict among libertarians. Conservatives continue to seal its fate in the political space, while others watch the public reaction to this unfashionable perspective on porn.
The populist wing of the GOP has made quiet progress, yet their efforts were proving to be more daring. Whereas bills were often reduced to flukes and shuffled away due to bureaucracy, it’s easier to announce the problems head on. This strategy was not often the first choice for Rothbard since it often reaffirmed the status quo. However, it speaks to the relevancy of right wing populism that isn't bogged down in academic language.
If legislation was impractical, that seemed to motivate libertarian thinkers prior to Rothbard. By the 90’s, culture wasn’t a bridge too far in American discourse. When Pat Buchanan cited morality as the main pitch for the 1992 election, Rothbard shifted the libertarian line from economic grievances to social ones. Whereas previously libertarians would not be receptive to this change, there was an answer that united them alongside conservatives.
The next few years saw similar topics emerge into mainstream politics. Referendums on affirmative action, questions about a national language, and other wedges were no longer fought between liberals and conservatives only. Libertarians started entering the arena and the culture war was a new outlet waiting to be seized upon. In a period of about 15 years, the majority of voters showed support against these inflection points.
Despite this populist momentum, the candidates never changed their tune after the Republican Revolution of the 90’s. That allowed libertarian rhetoric to gain legitimacy. Not only were voters aware of the elitist attitude of the party, they were also receptive to culture in a direct way. What was once deemed a recreational activity has been more appropriately described as a corporate industry. Pornography has existed as a political establishment rather than a competitor in the free market. This distinction allowed Rothbardian philosophy to flourish against the tide of hyper liberalism.
When the Hustler Magazine v. Falwell verdict went in favor of Larry Flynt; it interfered with a deeper principle beyond the first amendment. The expansion of pornography since the 1988 court case was a clear and present threat to the same demographic that libertarians were reaching out to.
There has been a lack of outrage when other topics like federal spending have affected those voters, although the troubling social trends have animated them like no other. The intrusive pattern of widespread pornography has stepped beyond the parameters of consent. Moreover, these conditions allowed an entire population to be isolated and vulnerable to progressive trends. Without a proper way to compete against it, the restrictions of freedom have increased dramatically.
Both libertarians and conservatives shared enough overlap and a common enemy to combat the statist aspects of society. In a modern setting where men and women have been driven apart by economic limitations and social barriers, libertarians have had room to critique the changing customs. Rothbard adjusted his focus from the economic plight that was generally confusing to a wide audience and narrowed the message to familiar territory.
Tuning into the social issues over the state itself have earned libertarians a voting bloc and winning issues to retaliate against the establishment with. As the 1964 presidential election proved, Barry Goldwater was able to outmaneuver Nelson Rockefeller with a platform of small government and free trade. The success didn’t result in an electoral victory, yet the influence never left the GOP.
These ideas were pushing boundaries during a climate surrounded by New Deal era policies. Modernity has evolved into more intimate spaces that even the liberals of a bygone era never fully capitalized on. Populists in the future have an opportunity to continue the legacy neglected in the 90’s and truly repeal the pornography industry as .
When Hawley addressed the trafficking side of the industry, there was exclusive attention given to sites that were guilty of criminal accounts and pursued with the full weight of the law. Moreover, the main obstacle for Rothbard was within the bounds of private property rights while most of the videos in question are anything but. His comments from Egalitarianism As A Revolt Against Nature presented the industry in a limited state and only began to expand past the level of a private magazine distributor. Despite this, a dichotomy was prefaced to determine the utility of sex in relation to virtue ethics.
What made this a concern for Rothbardian libertarians was his definition of moral right. Whereas Stanley v. Georgia established the one way to face the topic, resolutions like VA HJ549 reduced the spread of distribution and were a practical way to give people a psychological break from consumption. As a result of House and Senate declarations, pornography shifted into the realm of a health crisis. That allowed the momentum to reach the New York Times and created avenues for legislation. A reasonable model would be the Section 230 strategy, despite its focus on Silicon Valley. Where conservatives have been misguided is they were unaware of the resources available to them.
With Section 230 being an expansion of the 1996 Communications Act, government regulation reduced the publishing rights of multibillion dollar platforms and held them legally accountable for violations. Conservatives have used this issue exclusively for transparency on social media. However, it also widened the scope towards monopolies in general and could be directed at pornography as past court decisions have done. In terms of practicality, most of the top sites in the industry haven’t been passing the Miller test. This would address pornography in a way that doesn’t affect companies who aren’t receiving government subsidies. The private companies called into question were those dealing with regulatory capture or other protections and therein lies the distinction.
This places pornography in a unique category. If it is viewed as a mental phenomenon, this conflicts with the autonomy that is meant to be bestowed upon human action. A libertarian answer to the industry does not equate it with other competitors among the marketplace.
