Ban on SBA Loans for Adult Businesses Not New – But is it Applicable?

Lee added it is “important to note that in constitutional free expression law, which seems to be the issue here, the term ‘prurient’ has had a very, very narrow meaning in Supreme Court cases. For at least half a century, the Court has expressly equated the term with ‘a shameful or morbid interest in sex, nudity, or excretion,’” Lee said. “So whatever metaphorical meaning might have been conjured in the past from the Latin root (‘to itch’) when speaking of ‘prurient’ private love letters or classical poetry, contemporary law has consistently used the terms to narrow restrictions on sexually explicit expression.”
“’Morbid’ means ‘of or pertaining to disease,’” Lee continued, “and contemporary society seems not to consider much pornography as particularly ‘shameful’ anymore. So, it may be that no constitutional problem is presented in the first place, because adult entertainment and pleasure product businesses are not ‘prurient,’ as the law understands that term.”