Comments on: The FSC Chose Poorly On Wednesday https://mikesouth.com/reader-mail/the-fsc-chose-poorly-on-wednesday-7500/ The institute for the advance study of insensitivity and pornography Wed, 12 Jul 2023 15:27:51 +0000 hourly 1 https://wordpress.org/?v=6.7.2 By: BT https://mikesouth.com/reader-mail/the-fsc-chose-poorly-on-wednesday-7500/#comment-8236 Sun, 28 Apr 2013 19:56:40 +0000 http://www.mikesouth.com/?p=7500#comment-8236 I just read the lawsuit filed by Kayden Kross et al. What I find most interesting is that while it begins as a First Amendment lawsuit, the First Amendment is barely mentioned in the complaint. Moreover, they never really explain how the First Amendment is compromised. The complaint says that adult entertainment has been upheld as constitutionally protected speech. That ignores Miller, but whatever. How is the First Amendment compromised? The bill inhibits expression by requiring condoms during vaginal and anal sex. You can still have vaginal and anal sex wearing a condom, so, the only real First Amendment argument is: Yes, but I want to express unprotected sex in order to realize my vision. That’s the only real argument – as an artist, the vision I want to express is the joys of unprotected sex and I am inhibited by the use of condoms. That’s it. They also argue that the performers are consenting adults. But, again, by that argument, boxers could consent to fight without gloves while wearing nail-spiked brass knuckles and razor blades. However, the law doesn’t allow them to do that.

Their second argument is that Los Angeles doesn’t have the right to require condoms. Only the state can do that. But, the state has already said that state laws require condoms.

Their last argument is that the bill requires that porners get permits to film, that they display the permits and that people working on the set to get trained in the handling of blood-born pathogens. Hey, you have to get a permit to remodel your kitchen. I don’t get it. I may be a hassle to have someone take a class – my understanding is that just getting a porn performer to the set on time is a challenge – and it may impose start up costs, but you’re not requiring them to get bachelor’s degrees. Business are required to have employees trained all the time.

I read the lawsuit and what it says to me is: Hey, we’re renegades and outlaws and we have a legal right to operate as renegades and outlaws.

It seems pretty weak to me.

]]>
By: BT https://mikesouth.com/reader-mail/the-fsc-chose-poorly-on-wednesday-7500/#comment-8234 Sun, 28 Apr 2013 11:46:29 +0000 http://www.mikesouth.com/?p=7500#comment-8234 Jimmy: You make good points. And, certainly the adult industry keeps making the freedom of expression/First Amendment issue. However, there is a common denominator between brothel work and adult film work, which is the health and safety of the workers, and the safety of the public. Remember that in mainstream film, the sex and action are faked. In porn, that double anal with a double facial and swallow are real; when a gal squirts in the mouth of another gal or guy, the squirt – whatever it is – is a real bodily fluid.

Porn likes to characterize performers as sexual athletes, but real athletes are required to wear protection.

There is no First Amendment right to put the health and safety of your employees at preventable risk if there is a reasonable and forseeable way to keep them healthy. The First Amendment is not absolute – it comes with responsibility. An individual cannot yell fire in a crowded theater. A business cannot make claims that are untrue. A newspaper – or even you and me standing on the street corner – can’t tell lies about our neighbors. And, even when it comes to the creation of art, film producers cannot knowingly put their performers at risk. No camera rolls in Hollywood unless the production company in charge of the shoot can obtain liability insurance. No insurer will provide insurance if the producer is not managing a safe work environment – that includes even the most outrageous stunts. It’s the reason that many stars are not permitted to perform their own stunts even when they want to – paying off their salaries if they are injured is a huge financial liability that an insurer is unwilling to cover. If the same rules applied to porn that apply to mainstream television, theater or film, you’d have condoms, just like stunt men wear helmets and seatbelts.

I will bet a year’s salary that if the First Amendment issue ever makes it to the Supreme Court, it will get shot down. Remember, in the crazy Miller case, the Supreme Court allowed communities to regulate and even outlaw the sale of pornography based on “community standards.” The Supreme Court is not the industry’s friend on this.

]]>
By: richard373 https://mikesouth.com/reader-mail/the-fsc-chose-poorly-on-wednesday-7500/#comment-8233 Sun, 28 Apr 2013 04:58:00 +0000 http://www.mikesouth.com/?p=7500#comment-8233 Well Jimmy here is issue a lot porn stars work paid escorts on side wich polite way say there paid hookers. Alot there custmer are not test for STD there not fucking same people in line work that have been test for STD. Have issue Jimmy that when porn stars leave are counrty do porn work there no requirement for STD testing in other counrtys which been disaster for industry. Beside as soon STD start happen in porn industry in Las Vegas they would kick indusrty out Las Vegas fast they could. Jimmy I remember crack down in Las Vegas on street protrusion strip clubs when HIV dease hit the world there.

]]>
By: jimmyk https://mikesouth.com/reader-mail/the-fsc-chose-poorly-on-wednesday-7500/#comment-8232 Sun, 28 Apr 2013 04:17:52 +0000 http://www.mikesouth.com/?p=7500#comment-8232 In reply to origen01.

Loving God is a great thing! I agree. I think the CA legislator should NOT REQUIRE CONDOMS because using birth control is a SIN! Totally with you on this one.

]]>
By: jimmyk https://mikesouth.com/reader-mail/the-fsc-chose-poorly-on-wednesday-7500/#comment-8231 Sun, 28 Apr 2013 04:08:03 +0000 http://www.mikesouth.com/?p=7500#comment-8231 In reply to jilted.

Well maybe it’s time the Nevada creates the new system for the adult world. They’ve done it for casinos. Casinos are popping up everywhere in the country mainly led by the model created in Nevada.

There should be some kind of testing system that works. Diseases are and can become a problem. Having a working system that is done right might make the industry better as a whole. If the model works you will see more and more other areas adopting the model. This might be great for the nation.

]]>
By: jimmyk https://mikesouth.com/reader-mail/the-fsc-chose-poorly-on-wednesday-7500/#comment-8230 Sun, 28 Apr 2013 04:02:53 +0000 http://www.mikesouth.com/?p=7500#comment-8230 In reply to BT.

Condom laws for brothels work. I agree there should be condom use in that niche industry. Adult films are different in a way. Making an adult film is protected as free speech.

Why would Nevada require sex workers in brothels to use condoms and be tested regularly and not require the same from the adult film industry?

Because of MONEY. The amount of money that the adult industry would bring into the state would get them the free pass. After all, the whole point of moving to the state would be to not use condoms. So, if using condoms would be a must, the industry probably wouldn’t move.

Your throwing two different industries into one – adult films and brothels. I don’t think that’s fair. The are completely different. Sure they both have sex for money, but that’s the only comparison. It would be like saying making cars and making planes is the same thing. They both transport people. Last time I checked I could drive in my car with a knife.

]]>
By: jimmyk https://mikesouth.com/reader-mail/the-fsc-chose-poorly-on-wednesday-7500/#comment-8229 Sun, 28 Apr 2013 03:53:50 +0000 http://www.mikesouth.com/?p=7500#comment-8229 In reply to Jamie Gardner.

Hmmm… Mexico. I do like Tequila. But I don’t like getting shot at. With all the negative publicity surrounding Mexico it would be hard for the “new girl from the Idaho” to just show up in Mexico. It would be a lot easier to get a bus ticket to a destination in the US.

]]>
By: origen01 https://mikesouth.com/reader-mail/the-fsc-chose-poorly-on-wednesday-7500/#comment-8228 Sun, 28 Apr 2013 03:12:41 +0000 http://www.mikesouth.com/?p=7500#comment-8228 In reply to jilted.

jilted, joe know, the general, Tim Tritch, it’s been an honor conversing with you over the years. I’m afraid porn is like weed and will grow in even the most oppressive of circumstances. I pray that we as a society moves away from pornography and lust as it is ruining our lives by promoting infidelity, emotional insecurity, disease, and even emotional and physical abuse.
Lust is unquenchable. There is no amount of porn, sex, or praises and compliments from men or women that would ever be enough to satisfy.
Sex workers are empowered by their jobs. There is real power in being sexually alluring (and real money too). But sex workers are also all victims–subject to all types of degradation (even if they can’t see it).
Real power comes from asking for forgiveness and accepting the Living God into your heart. When you do so, you will feel the fire of the Holy Spirit enter and your desires will change. Sometimes slowly, sometimes immediately. You may not like it–your mind may think the changes are boring or uncool but if there are people out there who are desperate for a change they will be set free if they keep moving forward.
The Power of God is a lot greater than being great in bed or indulging sexual pleasures. Through you, He would be able to do exceedingly great things that you don’t even think is possible. All one has to do is humble themselves and let the power of God given by speaking the Blood of Jesus Christ rule in your life. You will see the rewards.

I’m done playing an armchair analyst on these forums/blogs. Take care everyone. I hope you all consider choosing love over lust. Take care.

]]>
By: jilted https://mikesouth.com/reader-mail/the-fsc-chose-poorly-on-wednesday-7500/#comment-8227 Sat, 27 Apr 2013 23:31:19 +0000 http://www.mikesouth.com/?p=7500#comment-8227 In reply to Nick East.

In Nevada the prostitutes report to the brother where they are tested for stds. They are tested every week for gonnoreah and chlamydia, and once a month for HIV. They stay at the brothel as long as they are working. If they leave the brothel grounds they must be tested again before being alllowed to work, even if they leave for just a few minutes.
IF, and thats a BIG IF. the industry thinks that Nevada is just goint to
let them move in lock stock and barrel without institutuing some type of health regulations they are all as dumb as Dianne Duke. And if they think the APHSS system will pass muster in Nevada, well thats just about the funniest thing anyone could even think might happen.

]]>
By: Nick East https://mikesouth.com/reader-mail/the-fsc-chose-poorly-on-wednesday-7500/#comment-8226 Sat, 27 Apr 2013 22:26:16 +0000 http://www.mikesouth.com/?p=7500#comment-8226 When the adult film industry is COMPLETELY SHUT DOWN IN THE UNITED STATES OF AMERICA, the adult film companies will have nobody to blame except themselves! Oh, so many chances to step up to the plate and be legitimate but instead all they do is make absolutely everybody mad beyond belief! Diane Duke is a headache with absolutely no abilities except to further piss everybody off! And The attitude the adult film companies are displaying right now is beligerence combined with transparent lies, and like I already said, they will have nobody except themselves to blame when they are shut down entirely!

]]>