The “Condom Wars” in California are about to come to a head. Prop 60, if it passes, will mandate condoms in adult film production (among other things). The industry has threatened to leave California, en masse, if it does pass.
Those who support the measure (pretty much just the zombie-like jackass who stands to profit from it) claim that the industry can’t leave. They , and some of their toadies, claim that the only states where you can shoot porn legally are California and New Hampshire. They claim that it is considered to be “prostitution” in all other states.
I’ve tackled this trope before in blog posts. But, I finally got sick enough of hearing this stupid shit that I wrote a law review article on it: This will explain to you why porn is not prostitution, and why you can shoot anywhere in America. It also tells you a bit about the Condom Wars.
See The Freedom to Film Pornography. Download it, read it, study it, and tell the next idiot who tells you that you can only shoot porn in CA and NH that they’re full of shit. Or, the next time someone asks “why isn’t porn prostitution?” explain this shit to them — because I’m sick of explaining it.
Marc Randazza is the national president of the First Amendment Lawyers Association
