Addressing the Supreme Court’s decision regarding the Child Online Protection Act (COPA), theologian David B. Hart calls into question the legal fiction that we are incapable of even that minimal prudential wisdom necessary to distinguish speech or art worthy of protection from the most debased products of the imagination, and so have become content to rely upon the abstract promise of free speech as our only sure defense against the lure of authoritarianism.
The article is called “The Pornography Culture” and perhaps, as you will see after reading this, at this juncture in cultural history, this lack of judgment is no longer really a fiction.
It’s a complex read but is a wonderful resource for thought on the topic. The conclusion is telling:
"It is good to be reminded from time to time — good for persons like me, with certain pre-modern prejudices — that our relations with the liberal democratic order can be cordial to a degree, but are at best provisional and fleeting, and can never constitute a firm alliance; that here we have no continuing city; that we belong to a kingdom not of this world; and that, while we are bound to love our country, we are forbidden to regard it as our true home.”
You can find it here: