The United States of Fanfiction vs. Project 2025
I happen to be passionate about free speech, and fandom in particular, and since I've been seeing a number of posts to the tune of "Project 2025 is going to ban (and potentially criminalize) fanfiction," I’ve decided to take a deep dive into the issue over the last 24 hours. I’ve done a decent amount of research between other tasks, and I've asked my spouse – who is more politically aware than I am – to explain an embarrassing number of things to me like I'm five. The following is a result of my efforts, and it pertains to Project 2025 as it may affect freedom of speech as well as fandom.
This is not a diagnostic, or a clairvoyant look. I will get some things wrong, and so will anyone else who attempts to predict the future. But feel free to conversate with me, correct me, and contribute your own takes.
The tl/dr version of this article is as follows:
Project 2025 is an ethos and a "wish list" put out by a conservative think tank. It is not a law, a bill, or any kind of concrete action.
No content will become illegal that isn't already.
The IS a concrete law called KOSA that's been making its way through the federal legislature for the last 2-3 years. It is meant to require for-profit platforms (aka not AO3, but yes Tumblr) to funnel certain "harmful" content away from their users who are minors. If you support free speech and the actual safety of kids online, you should OPPOSE this bill. That is a concrete thing you can do. But again, no content is suddenly being outlawed or banned.
For those who want to know more, without further ado... Brace yourselves, this is going to be long.
Unsurprisingly, there seems to be a decent amount of misinformation on this issue.
I'll say right off the bat -- Project 2025 is a huge problem and it is scary, because it aims to dismantle a lot of the freedoms and government structures we take for granted.
But here is what Project 2025 ISN'T.
It is NOT a law, and it is NOT a bill.
Rather, it is a broad, 900-page "wish list" put out by an ultra-conservative think tank called The Heritage Foundation, which has existed since the 80's. A lot of actual conservatives consider it frankly crazy.
There are a number of staff from Trump's first administration who have joined The Heritage Foundation over the past several years. At least one of those people, Trump has hired back. Outside of that, he has gone back and forth about his views on Project 2025, as he does on most things.
Now, what are think tanks? They're exactly what they sound like. They think. And they put out really long documents aimed at influencing policymaking. They do not actually make the policies, but they aspire to carve their ideological pathways into the minds of those who do.
Now, how are laws actually made? Laws are proposed in the House of Representatives or the senate. By representatives and senators. They then take a really long time and a lot of back and forth to pass. The president, his cabinet, and various other stakeholders such as think tanks and lobbyists (people with lots of money who make it their business to hassle lawmakers) can influence the legislative process. Then, once laws get passed after much trial and tribulation, they may get challenged in various courts as unconstitutional. Trump in particular can influence the legislative process by appointing judges who will make decisions aligning with his ideology. (Think what he has done to the Supreme Court).
Now, back to Project 2025, the section everyone in fandom seems to be worried about runs as follows:
"Pornography, manifested today in the omnipresent propagation of transgender ideology and sexualization of children, for instance, is not a political Gordian knot inextricably binding up disparate claims about free speech, property rights, sexual liberation, and child welfare. It has no claim to First Amendment protection. Its purveyors are child predators and misogynistic exploiters of women. Their product is as addictive as any illicit drug and as psychologically destructive as any crime. Pornography should be outlawed. The people who produce and distribute it should be imprisoned. Educators and public librarians who purvey it should be classed as registered sex offenders. And telecommunications and technology firms that facilitate its spread should be shuttered."
Take note of the language. Its tone is that of incendiary rhetoric, not law. It tells its readers (which it assumes are Trump loyalists) that the end-goal is a total crackdown on pornography – whatever it decides that is. But these pie-in-the-sky discursive acrobatics simply don’t land. They are a what without any semblance of a how. And while that vagueness is inherently terrifying (because a lack of firm definitions always suits those in power), please do not lose sight of the fact that the Project 2025 lays out Napoleonic plans without any hint at how they will be accomplished.
Law, and actual legal documents go into excruciating detail as to who, what, when, where, and how will be affected. They make at least some attempt to describe what is and isn’t under a law's jurisdiction.
While Project 2025 indeed sets an frightening ethos, it does not give a blueprint. What is lost in the terrifying vision it proposes is how hard it would be to implement their ideas on the mass scale they are proposing.
That being said, we absolutely need to be vigilant for any initiatives that align with those views. Because chances are, if we do nothing, the freedoms will erode gradually, similar to a "frog in the pot" phenomenon, where the temperature goes up one degree at a time until the frog is cooked.
There are concrete things to worry about. And some of them are lost in the blinding Mercury effect that is Project 2025. One of them in particular already has a head start.
I am talking of course about KOSA (the Kids Online Safety Act), which is making its way through the federal legislature and has been... for the last 2-3 years. Many people have identified it as a "Censorship Bill in Disguise" that mandates for-profit websites to "protect" their underage users from certain "harmful" material.
What does this mean in practice? That is tech companies are aware that a user is a minor (there is some info floating around that this will be done by government ID's, but that's not actually written into the law), then they will be required to funnel certain material away from them. ***Specifically, algorithms and other design elements will not be allowed to suggest certain content to minors, though that content will still be hostable and searchable.***
The obvious problem is that what's "harmful" may be broadly defined, and there is concern that kids will not be able to access information about LBGTQ+, mental health, reproductive rights, etc.
But again, here's what NOT happening. Unlike the language of Project 2025, nothing is being criminalized for creators. In other words, no, you will not go to jail for writing fanfiction, and fanfiction will not be illegal, no matter what it’s about. Nothing that is of an "adult" nature will actually be illegal that isn't already. The law is a mandate on the tech companies to funnel it away from their underage users. ***Importantly, they are not required to delete or "block" any content -- they just can't suggest it or push it to underage users via algorithms or other "design features." Of course, this is easier said than done, and the tech companies may in fact short-circuit compliance by changing their TOS to avoid hosting certain material to begin with, and they may still delete content, and no, none of this is good or even "not that bad," but this does not translate to an automatic, blanket ban.***
Critically, as the proposed KOSA law is written now, nonprofits like AO3 are exempt. But tumblr is not, tiktok is not, instagram is not. So fandom will be affected, but not universally.
(That is, AO3 is exempt for now. There is a bill in progress called HR 9495 that would allow the government to strip organizations of their nonprofit status without any due process - that's scary too).
But here's the other thing. KOSA has been around since 2022, and it keeps getting blocked and rewritten in Congress. It was endorsed by Joe Biden himself -- way before Trump, before Project 2025, before all of it! In the most recent session of the House of Representatives, it stalled again before the House went on recess for the election. There is a decent amount of opposition to KOSA from the tech lobby (unsurprising) as well as from Republicans themselves, who fear that it will block kids from seeing anti-abortion rhetoric (ironic).
However, the KOSA example gives an idea of how slow the legislative bodies are to get things done. It also highlights the difference between Project 2025's extremist and incendiary language, and what is actually happening and how it happens.
The most concrete thing you can do right now is to work to stop KOSA. Part of the reason why it didn’t pass the first two times was because people protested. To this end, you may call your representatives, email them, write to them, protest peacefully if you want to. This bill is actually dangerous, and a wolf in sheep's clothing, because "protect the children" is always an easy sell to someone who's not looking closely. And you can click here to fill out a form opposing it: https://www.stopkosa.com/
KEEP CREATING!! We are all fundamentally creative people. Creativity awakens the senses. We will not find victory by being numb and leaving creative energy on the table. So draw. Compose. Hit publish. Hit send. And hit one another up when you’re feeling down, or when you think that your friends might need a good hello. And to my fellow writers, KEEP DYING! KEEP WRITING IT DOWN! (That’s the words of CK Williams, by the way). We are the multitude, and the more we make our voices heard the harder it is for those who would silence us to pretend it will be easy.
I’ll leave you with a few quotes from a famously bizarre French philosopher whose works Mr. Nisilë and I I ran into in college. His name was Gilles Deleuze, and he very much believed that corrupted power only works when the people on the bottom give up by giving way.
“A concept is a brick. It can be used to build a courthouse of reason. Or it can be thrown through the window.”
“If you're trapped in the dream of the Other, you're f-cked.”
“Bring something incomprehensible into the world!”
“Writing has nothing to do with meaning. It has to do with land-surveying and cartography, including the mapping of countries yet to come.”
@possiblyreallyme (You wanted to get tagged, I believe?)