Archive | Constitutional Law RSS feed for this section

Constitutional Challenges to Record Keeping Requirements Remain in Court

19 Apr

This week, the Court of Appeals for the Third Circuit reversed a lower court’s decision made in late 2010 to grant a motion to dismiss constitutional challenges to the latest amendments made to 18 U.S.C. §§ 2257 and 2257A.  These sections include the record keeping, labeling, and inspection requirements placed on producers of adult, sexually-explicit material.

The Free Speech Coalition led a group of plaintiffs in challenging the constitutionality of the law as it currently stands, particularly challenging the constitutionality of the 2004 amendments to the law.  In 2006, the Free Speech Coalition lost in the Court of Appeals for the Sixth Circuit making a similar argument, and were on the same course of failure when the federal district court granted the government’s motion to dismiss in 2010.  However, after appeals and judicial review, the Court of Appeals for the Third Circuit reversed this motion to dismiss and remanded to the lower court with instructions.

To learn more, read the full article at XBiz by following this link.

To view our Firm Disclaimer, follow this link.

More Universities Dispute—And Win—In .xxx Arbitrations

29 Mar

On Tuesday, March 27, XBiz announced that both Baylor University and University of Texas have won arbitration suits granting them control over the .xxx top-level domain names purchased and connected to their schools.  A judge said that “” and “” belong to the universities, because the registrant (who was not associated with the universities) obtained the sites and refused the schools to purchase them out of bad faith.  As evidence of the registrant’s bad faith, the universities showed evidence that the registrant accessed information attempting to find if sites such as “,” “,” and “” were available for purchase.

These arbitrations are a continuance of the already heavily disputed .xxx top-level domain name distribution across the entire Internet.  According to the article, “out of 17 .XXX UDRP cases filed so far, eight cases have been resolved by arbitrators — all in favor of complainants.”  The article continued by stating that “[t]he victories keep mounting for .XXX complainants in the Uniform Domain-Name Dispute-Resolution Policy, or UDRP, cases, particularly since nearly all of the cases involve non-adult companies purchasing mainstream brands.”

To view the full article from XBiz, follow this link.  For more information on the .xxx top-level domain name controversy, follow this link from Wired.

To view our Firm Disclaimer, follow this link.

POLL: Santorum v. Porn—Too Much?

22 Mar

Rick Santorum’s position paper discussing how he will crack down on pornography if elected to Presidency has ruffled some feathers—and not only in the adult entertainment industry.  MSNBC reported earlier this week, as reported on an article from XBiz, that 74% of people polled felt that the federal government should back down from such a strong enforcement of pornography.   In response to Santorum’s claims that porn is causing a “pandemic of harm” and contributing to violence against women, leaders in adult entertainment have responded through an article from MSNBC:  Hustler’s Larry Flynt says “Nonsense,” and Vivid’s Steven Hirsch states “Absolutely no proof.”  Flynt even continued by reminding readers that President Lyndon B. Johnson spent millions of dollars in 1969 to determine the detrimental effects of pornography… And came up with nothing.  From MSBNC, “‘You have guys like Santorum come along and they bring out the bogeyman every chance they get,’ Flynt said. ‘You will be hard-pressed to find anyone that can point out to you a study that shows harm is caused to anyone exposed to porn materials.'”

What do you think? Participate in our POLL!

To view the full article from MSNBC, click here.  To view the full article from XBiz, click here.

To view our Firm’s Disclaimer, follow this link.


Condoms May Push Porn Out of Los Angeles

21 Feb

Last month, the Los Angeles City Counsel voted on a resolution requiring all porn productions filmed on sets in Los Angeles county to use condoms.  While everyone—including the adult entertainment industry—understands the importance of protection, safe sex, and safety in the workplace, porn leaders are now speaking up about the influence this new regulation may have.

Most notably, Steve Hirsch, owner of Vivid Entertainment has stated that Vivid will continue shooting without condoms—even if that means his company will be moving out of Los Angeles county.  Many major adult entertainment corporations are currently located in Los Angeles county, including Hirsch’s Vivid and Larry Flynt‘s Hustler, which are located in Los Angeles and Beverly Hills, respectively; the move away from L.A. may prove to be detrimental to the economy in an already-struggling southern California.  In fact, the Los Angeles Times reports that local economists found that adult entertainment made $4 billion in profits and provided up to 20,000 jobs annually to various aspects of the entertainment industry.

Continue reading

Sports Artist and University of Alabama Continue Battle in Trademark Lawsuit

10 Feb

Prior to 2000, sports artist Daniel Moore worked with the University of Alabama to draw images commemorating various univeresity teams, most notably football players in crimson and white uniforms.  In 2000 the university and Moore broke ties and in 2005 Moore was sued by the university.  The university sought to prevent Moore from selling posters made from his paintings without obtaining a license from the university.  The university also challenged his use of the images on various items including coffee mugs and t-shirts.

Continue reading

Japanese Porn Virus Creators Arrested

9 Feb

A computer virus sent via pornography sites in Japan have cost Internet users nearly $7.7 million (600 million yen), and recently, the creators of the extortion scheme have been arrested.  The viral fraud has impacted over a million Internet users by infecting their computer with a virus when a particular adult entertainment video is played—and the viewer is prompted with warning messages saying the virus will not be erased unless extortion money is sent to the creators of the site.  From, “[t]he scheme involved the creation of 20 adult entertainment and gossip websites that led users to another adult site. The virus was downloaded to users’ computers if they played a video on the second site.”

Continue reading

%d bloggers like this: