Judge rules condom requirements in porn are constitutional

Discussion in 'The Howard Stern Show' started by HS Cult Leader, Aug 18, 2013.

  1. HS Cult Leader

    HS Cult Leader Elite Member Gold

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    Judge rules condom requirements in porn are constitutional



    By Ruben Vives
    August 16, 2013, 10:31 p.m.


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    A federal judge on Friday denied the porn industry’s assertion that requiring adult film performers to wear condoms is unconstitutional.
    The ruling is the latest setback for producers of adult films who filed a lawsuit to block the implementation of the Los Angeles County Safer Sex in the Adult Film Industry Act, or Measure B.
    The measure was approved by an overwhelming majority of county voters last November. It was sponsored by five individuals affiliated with the AIDS Healthcare Foundation, a nonprofit group.
    Vivid Entertainment and Califa Productions and porn performers Kayden Kross and Logan Pierce sued the county in January to prevent the implementation of the new law. After county officials declined to defend the measure, the AIDS Healthcare Foundation was granted “intervener†status to defend the law against the porn industry’s lawsuit.
    The industry later tried to have the group removed, but the motion was denied.
    In Friday’s ruling, U.S. District Judge Dean Pregerson wrote that the AIDS Healthcare Foundation presented evidence of the health risks the measure is targeting. He said the new law seeks to alleviate those harmed in a direct and material way.
    “Plaintiffs [adult film industry,] by contrast, have presented evidence from individuals in the adult film industry, but not in the public health or medical profession, who claim testing is so effective and universal that condoms are unnecessary,†Pregerson wrote.
    “Today’s ruling … is just a tremendous, tremendous victory, one that will go a long way to safeguard the health and safety of those adult performers working in the industry,†said AIDS Healthcare Foundation President Michael Weinstein.
     
  2. Markijuano

    Markijuano Well-Known Member

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    Condoms :cwl:
     
  3. greyt

    greyt Well-Known Member

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    Isn't there already enough bareback porn out there to last anyone a thousand lifetimes?
     
  4. newcastlefan

    newcastlefan גֵּרְשֹׁם VIP

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    i didn't think they could win a constitutionality challenge. I figured the only claim they could make would be right to privacy, but its not like a bunch of people can run around naked while sticking each other inside each other on camera for the world to see and then claim they have any privacy left to be compromised.
     
  5. nicksgt

    nicksgt Well-Known Member

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    you're good at explaining this stuff..help me understand how they could claim it is unconstitutional when it really isnt any different than other workplace safefy measures, designed to protect the employee..like harnesses for window cleaners or MSDS sheets for factory workers?
     
  6. 1Vegasgirl

    1Vegasgirl Well-Known Member VIP Gold

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    Los Angeles Country had nothing else to worry about when they voted for this law.:facepalm:
     
  7. Jake Dog

    Jake Dog Well-Known Member VIP

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    No :happyno:
     
  8. ClumpyStern

    ClumpyStern HSS-clean since Dec 2011 VIP

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    Without having read about it, I'm guessing the constitutional claim would be that porn is an "art form" and is covered under the 1st Amendment, the same as the government couldn't just prohibit nudity in mainstream movies. It's not a strong enough argument to overcome the public policy interests involved, but it's not that crazy either, as evidenced by the lesser demand for porn with condoms.

    There's no such thing as any stand-alone constitutional "right to privacy"; the word privacy isn't even in the Constitution. The SCOTUS has recognized that the Constitution can project various "penumbras" of privacy, but they're always based on the importance of the underlying activity or rights involved (such as marriage and the rights to freely obtain birth control information and condoms), but there are plenty of other underlying privacy-type claims (such as the choice not to respond to the census) that are much more important than how professional porn actors fuck on film that have been rejected as justification for any privacy-based constitutional rights.
     
    Last edited: Aug 19, 2013
  9. somedude61

    somedude61 Well-Known Member

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    Well there goes a lot of jobs in LA Country. The porn industry will just up and move to someplace that doesn't require condoms. Dumb asses in LA. Porn is a multi-billion dollar industry in LA and when that money leaves there won't be anything to replace it. And what ever town/area gets the porn industry that area will get a huge influx of money. Stupid fucking people in LA voting against their own interests.

    On the constitionality side, this ruling actually starts down a slippery slope for many industries and will probably creep into a bedroom near you as well. It should go to the supreme court.
     
  10. KjCarson

    KjCarson Member

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    AND enough horny sluts (albeit ugly) who post their exploits on the interwebs FOR FREE!
    Porn tried the condom thing in the 90's. Sales took fell into the shitter and bareback porn quickly returned.:dance2:
     
  11. CaptainFrank

    CaptainFrank Well-Known Member

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    Imagine all those million dollar homes that they rent to shoot porn, going unrented.

    Costa Rica here they come.
     
  12. Rupert Pupkin

    Rupert Pupkin That Ass is Attached to Daniela Lopez Gold

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    John Kerry gave up safe-sex porn after this picture was published.
    [​IMG]
     
  13. Humongous

    Humongous Well-Known Member

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    Don't blame me. I voted against the measure. :dontknow:
     
  14. KillVampires

    KillVampires Racist Banned User

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    Tons of jobs are dangerous. I've worked on lots of movies and seen stuntmen do insane things. I've seen guys get into rollover accidents, run around on fire, get hit with all sorts of weapons. I've seen tons of actors fall off horses and nearly die. No problems for L.A. when they are risking someone immediately getting killed in a stunt.

    But porno....gotta protect against STDs? Makes no sense beyond people being prude and wanting to drive out an industry that is associated with sex.

    California will be the new Detroit but even worse because CA is an entire state. LA and San Fran are hemorrhaging jobs by the second. The state of Texas is advertising all over NY and CA for people to relocate jobs. I'm seriously considering moving around 400 middle class jobs to Texas within the next few years depending on who is elected governor in TX. This is another nail in the coffin. Alienate a multi-billion dollar industry. Smart.
     
  15. Zyro

    Zyro Well-Known Member

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    [video=youtube;l9pEqEy80RA]http://www.youtube.com/watch?v=l9pEqEy80RA[/video]
     
  16. Turtle Man

    Turtle Man Hello Darling Gold

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    But the girls still swallow lol
     
  17. Phillipmcd

    Phillipmcd Active Member

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    So a husband & wife porn website based in LA would have to wear a rubber? Or am I completely wrong and a moron?
     
  18. Turtle Man

    Turtle Man Hello Darling Gold

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    What about dental dams?
     
  19. BrerJimmy

    BrerJimmy Well-Known Member

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    Costa Rica? Vegas is just a short drive away. Besides, I think all they have to do is get out of Los Angeles County.

    And they wonder why their economy is shit.
     
  20. itpdude

    itpdude New Member

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    Funny enough, the whole privacy thing (which led to Roe v. Wade) was a SCOTUS decision in a case called Griswold v. Connecticut where a married couple wanted condoms but had to get a scrip from a doctor. SCOTUS determined that they could get condoms without a scrip under the auspices of "privacy."

    Personally I think the policy of requiring condoms be used in porn shot in a given jurisdiction is bad policy because the porn makers can simply move their sets to another jurisdiction. A better policy would be to require certain things industry-wide like frequent STD testing (they do this already, right?) which seems like something the industry would comply to without simply picking up and leaving for greener, condom-free, pastures.