Marc Randazza is a First Amendment attorney and managing partner of the Randazza Legal Group. He’s also a regular commentator on CNN (read Marc Randazza’s latest column here) Follow him on Twitter: @marcorandazza. The opinions expressed in this commentary are solely those of the author.

The First Amendment Salute to Hefner by Marc Randazza

Much will be written about Hugh Hefner’s life — a life that many a man will look at with envy. Many will also look at it judgmentally. However, as I choose to write about him with gratitude in my heart — because I write today not to (only) celebrate Hugh the libertine, but Hugh, the champion of liberty. Hugh Hefner was a true hero of the First Amendment.

He launched Playboy in 1953 with iconic photos of a nude Marilyn Monroe and the now famous tagline, “Entertainment for Men.” But, Playboy was much more than just nude photos and “entertainment.” Erotic photography is about as old as photography itself. However, Hefner elevated it with that first edition. Erotica became mainstream. From that one big risk in 1953, an industry exploded — with Playboy always leading the way. Playboy was the Federalist Papers of the sexual revolution.

On a personal level, Playboy was part of my introduction to the First Amendment. The first time young Marc Randazza ever saw an issue of the magazine is when I found one that my uncle had hidden in an attic room in my grandparents’ house. Needless to say, my 13 year old self was thrilled. When I got caught with it, my family explained that I was too young to read such publications. Soon thereafter, I was in classes for my Confirmation. I explained to the priest that if I was too young to look at naked women in a magazine, I was certainly too young to make a decision about whether I was ready to pledge my soul for all eternity to the Catholic church. I chose to exercise my right to freedom of religion — and left the church. But for that edition of Playboy, I might never have broken the bounds of organized religion. For that, I thank Hefner.

But, Hefner’s influence went far beyond a 13 year old questioning the universe. Hefner understood that his business survived only because we have robust protection for freedom of expression.

In 1963, Hefner was arrested for obscenity because he printed nude photos of Jayne Mansfield. Obscenity charges are kryptonite for publishers of erotica. Most might think that in America, you can freely publish what you wish, then (and now) an over-zealous prosecutor can put you on trial simply because the government does not like your art. And, there is no way to know if your content is “obscene” and thus punishable by prison, until after a jury rules that it is so. Hefner stared down the charges, and the jury was unable to reach a verdict — thus ending the prosecution.

This experience galvanized him. In 1979, Hugh Hefner established the First Amendment Awards, “to honor individuals who have made significant contributions in the vital effort to protect and enhance First Amendment rights for Americans.” Award recipients have included lawyer David Goldberger and journalist Melody Sands. From “entertainment for men” to protecting liberty.

Hefner was often criticized by feminists, such as when Gloria Steinem criticized him in her famous 1960’s article, “A Bunny’s Tale” , however, Hefner took criticism like a true champion of freedom of expression. Even after Steinem’s angry screed, Hefner responded “I don’t have negative feelings about Gloria Steinem,” he explains. “I’m very supportive of the women’s movement.”

And while Hefner is well known for his lavish lifestyle, he also lavished gifts upon institutions that supported freedom of speech. For example, Hefner donated $2 million to University of Southern California’s film school, which included a $150,000 set aside to create a class called “Censorship in Cinema”.

Hefner’s legacy is far more than just nudie pictures. As a founder of the Randazza Legal Group and the First Amendment fighter, I picture Hefner as a Hercules, releasing the Prometheus of American sexuality from its tormented chains. He was a libertine who was also a guardian and champion of liberty.

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