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.

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.

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.

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.

@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

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!”

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.

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.