Tag Archives: Constitutional law

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.

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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.

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