".xxx" Domain Name Approved

On March 18th, the ICANN (the organization that manages domain names) approved the new .xxx domain name.  Starting this summer, the ICM will begin selling the domain name to adult entertainment companies. In other words, playboy.com will be able to create a new website called playboy.xxx.

At this point, the domain name is completely voluntary.  Some, however, fear that the domain name might become mandatory.  Surprisingly, both religious conservative groups and pornography distributors are in agreement against the new domain name.  Religious groups worry the new domain name will legitimize adult entertainment.  Pornographers worry their content will be easily blocked and filtered by other governments, and private organizations.

This new domain name was the focus on my paper.  I essentially argue the new domain name is a bad idea, and any attempt to make the domain mandatory would violate the First Amendment.  The domain name would only apply to pornographers, and therefore would not be content-neutral.  As such, because the regulation would be content-based, it would not survive strict scrutiny.