AVN and Mark Kernes Are Fucking MORONS

Mark Kernes apparently can’t fucking read he thinks yesterdays 3rd circuit decision ONLY applies to FSC members…he is either a complete fucking moron or the most disingenuous piece of shit ever in porn….taker your pick.

 

What I said:

What was struck down/remanded back to the lower court was that inspections  will require a warrant, otherwise they violate the 4th amendment.

Thats where it gets a bit stick because to get a warrant you need probable cause that a crime has been commited,  what that probable cause is , is open to the interpretation of a judge, it could be that “she looked under age”, warrants also tend to need to be very specific, it is unlikely that a warant would specify a blanket search, instead it has to specify specifics like performer name, tape they were etc.

What Attorney Larry Walters said to XBIZ:

“In sum, section 2257’s requirements have been upheld, and producers need to keep records.”

“But the government will likely need a warrant before conducting an inspection,” Walters told XBIZ.

Walters emphasized that the court today “seemingly imposed a warrant requirement for 2257 inspections.”

“That essentially prevents the government from conducting random inspections, and requires that probable cause exist before producers can be subject to a 2257 inspection,” he said.

“While the loss on the First Amendment challenge is disappointing, the new requirement of a warrant helps prevent arbitrary or discriminatory enforcement of the law. Producers of 2257-triggering content will still need to maintain records, and can still be inspected without notice, but it appears the government must have probable cause that a crime has been committed before an inspection can occur.

What Mark Kernes said in AVN:
Under today’s ruling, the government can no longer appear at the doors of Free Speech Coalition’s members without a search warrant and demand entry to inspect their 2257 records without cause. It is important to note that this decision only protects members of the Free Speech Coalition, the plaintiff in the case. We suggest that all adult producers make sure their membership is in good standing, and if not, to join in order to take advantage of the protections.
 

14 Replies to “AVN and Mark Kernes Are Fucking MORONS”

  1. Karmafan

    If the talent had any brains they would get out of the porn business and find something else to do. There is little money in being a porn star any more unless you get famous and then move on to escorting. Years ago yes but not now. The current porn money is not worth having an anchor around your neck for the rest of your life.

  2. Toby

    Talent really have no 2257 concerns unless they own and operate their own web site or self-produce their own shoots. 2257 is strictly a producer issue. Sure there are more than a few producers that aren’t the sharpest tacks in the box, but most have enough business savvy to know bull shit when they’ smell it.

  3. rawalex

    It’s not that they are morons, so much as they are hoping like hell everyone else out there IS a moron.

    They have to hope that you don’t know (a) that the 2257 squad was disbanded 7 years ago, and not a single record inspection has happened since, and (b) that with a judgement like this against inspections without a warrant, that the authorities will not inspect ANYONE without one, as they don’t have to have it all thrown out later in court if they try to make a case.

    Being a member of FSC doesn’t give you any advantage here, except perhaps getting you marked as a moron.

  4. spawn777

    Or do it because you enjoy it and protect yourself. We need to move past where porn is: “an anchor around your neck for the rest of your life.” And that’s gonna be a generational affair. I kind have some respect for Axel Braun with his 21-and-over thing, but not really. Because you’re turning away 18-21ers because of the pressures of some segment of society on people who are filmed having wild sex. At the same time, we’re ok with throwing 18-21 year-olds into the meatgrinder in various conflict-ridden places in the world to die or return with PTSD, which is much more socially acceptable pursuit. But Back to the topic at hand:
    “And what happened then?
    Well…in Pornville they say,
    That Mark Kernes’ small nose
    Grew three sizes that day!”

  5. insider

    @Mr.Anonymouse I’d like to know the studio owners that you personally know… how do you have such great insight to know what their thoughts are? I happen to know plenty of smart people in this business. The truth is that most of the people that make decisions or have input at a majority of the studios are people that you’ve never heard of. Many of them family people too. And none of them are looking to Diane Duke for guidance on how to do their jobs…. what a joke. @karmafan You’d like to save all these poor girls, but guess what buddy, they don’t want your help…. Mike whats the term thats ALWAYS stuck??? Captain-save-a-hoe right? LOL

  6. Karmafan

    Many folks that leave porn find it difficult getting jobs after. Especially those that leave their porn past them and try to get a white collar job as a teacher or medical person.

  7. Mr.Anonymouse

    I personally know or have worked with the owners and directors of nearly every major studio and you would not believe the amount of misunderstanding out there. I have heard many times from well known studio owners/directors/talent that they believe the 14 day testing policy to be law because the FSC told them they must use it. Either that or, they switched to it because “everyone else is” (which isn’t true). So yes, many intelligent people in this business take everything the FSC says as though it were law, and in some cases they actually believe that it IS the law.

  8. spawn777

    I didn’t miss your point @karmafan, but a handful of first-world countries have gotten over these things to a great extent. We need to join them.

  9. BT

    I need to preface what I’m about to write with the caveat that there seems to be a porn exception to the law, meaning that neither law enforcement nor regulatory agencies seem to give enough of a crap about what porn does or what happens to porn performers to enforce the law or regulation, so ……… who cares?

    With that out of the way, the most important sentence in Mr. Walters quote to Xbiz is not about the 2257 inspections. Rather, it’s this: “While the loss on the First Amendment challenge is disappointing, the new requirement of a warrant helps prevent arbitrary or discriminatory enforcement of the law.”

    Remember that before the condom law was passed, the number one rant you heard from porn performers, FSC, and flamers on websites was: We’re porn. We can do and film anything we want and there’s not a damn thing the government can do about it because we have a First Amendment right to do anything we please.

    This is now the third First Amendment loss in a row for porn.

    The federal judge in Los Angeles rejected porn’s First Amendment argument with regard to condoms, which was upheld on appeal by the Ninth Circuit. Porn could have appealed to the Supreme Court but declined to do so.

    OSHA is a regulatory body and not a court, I do realize, but it has clearly decided that First Amendment or no, porn still has to provide a safe workplace just like mainstream. While not explicitly making First Amendment arguments – or suing on First Amendment grounds in court – porn has lost appeals of OSHA decisions.

    And, now, porn has lost a First Amendment argument with regard to 2257.

    These do not bode well for the industry long-term should some government agency decide to pass and enforce a broader condom law, like was California was considering. What each loss says is that porn can be regulated, like any other business. The question is: To what extent.

    My guess is that porn’s lawyers kept the powder dry with regard to the condom law because a.) LA County doesn’t seem to want to enforce the law and b.) you lose that one in the Supreme Court and you’re shot on a bigger case down the road.

    Now, back to my original caveat – all of that said, right now, no government body or regulatory agency seems to give enough of a crap about porn to spend funds to force the industry to clean up. But, that won’t always be the case.

  10. insider

    Knew about it and didn’t care. Didn’t make a single bit of difference to my business. If they were able to find a way to make money off of the testing and provide a comparable service then good for them…. this is about making money. Whats with all the bleeding hearts? Porn… Like most other businesses is a for profit venture.

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