Brief of Amici Curiae Scholars on the Neurological Effects of Pornography on Adolescents in Support of Respondent
John Sullivan
Jace Yarbrough
SimpleOriginal

Summary

Amici, experts in medicine and psychology, argue adolescent brains are vulnerable to compulsive pornography use, citing ICD-11 and neuroscience. They support age-verification laws as justified public-health measures to protect minors.

2024 | Federal Juristiction

Brief of Amici Curiae Scholars on the Neurological Effects of Pornography on Adolescents in Support of Respondent

Keywords Neuroplasticity; adolescent brain development; pornography addiction; childhood exposure pornography; prefrontal cortex; youth vulnerability; public health issue; brain development harm; sexually explicit materials; compulsive pornography use

SUMMARY OF ARGUMENT

Developing brains have unique, life-shaping capabilities to absorb information as the brain builds capacity and moves toward adult formulation. This remarkable early flexibility of the maturing brains of children is known as neuroplasticity. (In adult brains, neuroplasticity occurs at diminished levels.) But this formative season of adolescent brain development is also uniquely vulnerable to the pathologies of addiction. Specifically, the prefrontal cortex's capability to measure and contextual pleasurable impulses is not fully formed until the time when an individual is in his or her early twenties. For children, then, exposure to sexually explicit images results in a primary indexing of their sexual framework. Childhood is thus the exact worst time for someone to be exposed to pornography. But sexually explicit materials are ubiquitous in our culture and more easily available to today's children than at any time in history.

The weight of medical evidence demonstrates pornography can become both addictive and compulsive. Numerous studies report a connection between pornography use and negative developmental responses. The compulsive and addictive potential of pornography is a serious public health issue—and it is most serious for young people, who are most susceptible to the harms of addiction. That neurologically vulnerable population group thus requires protection of the highest order society can provide. Irreparable harm is being perpetrated on adolescents; not on the "free speech" rights of the pornography industry. A slight delay in accessing prurient materials online cannot be compared to the damage done to adolescent brains viewing pornography.

The judgement of the court of appeals should be affirmed.

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Summary of Argument

Developing brains possess distinct capacities for information absorption and structural maturation. This significant early neural adaptability in children is termed neuroplasticity. (Neuroplasticity persists in adults but at reduced levels.) However, this crucial period of adolescent brain development is also highly susceptible to addictive pathologies. The prefrontal cortex, responsible for regulating and contextualizing hedonic impulses, typically does not fully mature until an individual's early twenties. Consequently, for children, exposure to sexually explicit content can establish a foundational indexing of their sexual understanding. This makes childhood an especially critical period to avoid such exposure. Despite this, sexually explicit materials are now widely prevalent and more accessible to young individuals than in prior eras.

Medical evidence indicates that pornography can elicit both addictive and compulsive behaviors. Multiple studies document a correlation between pornography consumption and adverse developmental outcomes. The potential for pornography to induce compulsive use and addiction represents a significant public health concern, particularly for young individuals, who exhibit heightened susceptibility to addiction's detrimental effects. This neurologically vulnerable demographic therefore necessitates the highest level of societal protection. The harm inflicted upon adolescents is irreparable, distinct from any purported "free speech" rights of the pornography industry. A brief impediment to online access of sexually explicit content is not comparable to the documented damage incurred by adolescent brains from viewing such material.

Therefore, the judgment rendered by the court of appeals warrants affirmation.

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Summary

The developing brain has a unique capacity to absorb information and build its structure as it matures. This significant adaptability in children's brains is known as neuroplasticity. While some neuroplasticity exists in adult brains, it is much more pronounced during earlier life stages. However, this formative period of adolescent brain development is also highly susceptible to the processes of addiction. The prefrontal cortex, which is responsible for evaluating pleasurable impulses and exercising control, does not fully develop until an individual reaches their early twenties. Consequently, exposure to sexually explicit images during childhood can significantly influence the formation of a young person's sexual understanding. Given this, childhood is an especially critical time to avoid exposure to pornography, yet such materials are widely available to children today, more so than at any previous time.

Extensive medical evidence suggests that pornography can lead to both addictive and compulsive behaviors. Numerous research studies have identified a link between pornography consumption and negative developmental effects. The potential for pornography to become compulsive and addictive presents a serious public health issue, which is particularly severe for young people due to their heightened susceptibility to addiction. This neurologically vulnerable demographic therefore requires the strongest possible societal protection. Irreversible harm is being inflicted upon adolescents, rather than a curtailment of "free speech" rights for the pornography industry. A slight delay in accessing sexually explicit online content cannot be equated with the damage caused to adolescent brains by viewing pornography.

The judgment issued by the court of appeals should be upheld.

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Summary of Argument

Developing brains in young people have a special ability to learn and adapt, which shapes them for life. This amazing flexibility in a child's maturing brain is called neuroplasticity. While adult brains also have neuroplasticity, it is less pronounced. However, this important period of brain development in adolescents also makes them very open to developing addictions. The part of the brain called the prefrontal cortex, which helps control impulses and understand pleasure, does not fully develop until a person reaches their early twenties. This means that for children, seeing sexually explicit images can significantly influence how they understand sex. Therefore, childhood is considered the most harmful time for someone to encounter pornography. Despite this, sexually explicit content is widespread in society and is more available to children today than ever before.

Medical research strongly suggests that pornography can lead to addictive and compulsive behaviors. Many studies also connect pornography use with harmful effects on development. The risk of pornography becoming compulsive and addictive is a major public health concern, especially for young people, who are most vulnerable to addiction's negative impacts. This group, whose brains are still developing, needs the strongest protection society can offer. Significant and lasting damage is being done to adolescents, which is more important than the "free speech" rights of the pornography industry. The minor inconvenience of a short delay in adults accessing sexually explicit materials online does not compare to the lasting harm caused when adolescents view pornography.

The ruling by the court of appeals should be upheld.

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SUMMARY OF ARGUMENT

Young brains have a special ability to learn and change a lot as they grow. This ability of children's brains to change is called neuroplasticity. Adult brains do not change as much. But during this time, young brains can get addicted more easily. The part of the brain that helps control feelings of pleasure is not fully grown until a person is in their early twenties. When children see sexual pictures, it shapes how they understand sex for the first time. So, childhood is the worst time for anyone to see pornography. But sexual content is everywhere now. Children can find it more easily than ever before.

Doctors and studies show that pornography can become an addiction. People might feel they have to watch it. Many studies say that using pornography can cause bad changes in how young people grow. Pornography's power to cause addiction is a big problem for everyone's health. It is most serious for young people because they can get addicted more easily. These young people need the best protection society can offer. Real harm is happening to young people. This is not about the pornography industry's right to speak freely. Waiting a little to see sexual content online is not as bad as the harm pornography does to young brains.

The court's decision should be upheld.

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Footnotes and Citation

Cite

Brief of Amici Curiae Scholars on the Neurological Effects of Pornography on Adolescents in Support of Respondent, Free Speech Coalition, Inc. v. Paxton, 144 S. Ct. 2714 (2024) (No. 23-1122).

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