@Richard373-
You do know you can just post a link to the article?

Says Diane Duke the legal scholar

–Tom Byron

The article can be seen here: http://www.miaminewtimes.com/2013-10-10/news/porn-illegal-florida/

“The Miami New Times did an article and it looks at the production of pornography in Florida and whether it’s legal or not. I read this on AVN this morning.”

“Michael Weinstein and the AIDS Healthcare Foundation talk about shooting in Florida and shooting in California and if it’s considered prostitution.”

They called Diane Duke of Free Speech Coalition:

‘Weinstein has been running around screaming that it’s not legal, but that’s ridiculous,” says Diane Duke, chief executive officer for the Free Speech Coalition, a nonprofit representing the adult film industry. “While New Hampshire and California have been proactive in [protecting porn production], it doesn’t mean it’s illegal in the rest of the states.’

“OK. That’s a lie. I’d like to know what legal school Diane Duke graduated from. Or is she getting expert scholarly advice from Jeffrey Douglas or Michael Fattorosi or Alan Gelbardt? What Supreme Court rulings have now made some forms or pornography legal in some sates and not in others? I never knew Justice Scalia legalized pandering. I’ve only heard of the Miller test that is supposed to define obscenity. Now Justices are talking about pimps and moviemaking? This is news to me.”

It goes on to say

‘Legal scholars tend to agree, but the issue is sloppier than either side admits.’

“And then this legal scholar Mary Anne Franks is cited by the magazine. I mean the law is the law but everyone’s trying to play this little First Amendment issue and it doesn’t fucking pertain to any of this.”

“Prostitution is prostitution and unless you have a legal precedent like the Freeman decision in California, filming porno is against the fucking law in Florida. Anyone who tells you different is a fucking liar.”

“I guess scholar Mary Anne Frank is where they’re getting their legal opinions from. She’s about as much a legal scholar as that Hugo Schwyzer guy who was fucking his students with James Deen at Pasadena City College. The professor and legal scholar doubleteaming college kids with James Deen. It all makes sense now.”

“So you have Diane Duke lying, and these “scholars” and you listen to what they’re saying and it’s all subjective and all of of sudden pandering laws are subjective according to people.”

“So they’re admitting ‘Yeah, you could go to jail, but who’s gonna do that?”

Then Franks says:

“By holding that at least some pornography is protected by the First Amendment, the Supreme Court has implicitly declared that the performance of sex for money that occurs in pornography is different from the performance of sex for money in prostitution,” Franks told the Times.”

She added, “It hasn’t addressed this distinction explicitly, however, and the few lower courts that have done so resort to some fairly convoluted reasoning to reach their conclusions. The distinction seemingly turns on the fact that prostitution is a bilateral exchange of sex for money, making the physical act of sex the ‘product,’ while in the production of pornography, the ‘product’ is the recorded act of sex.”
When pushed on the point she concedes that basically the distinction is arbitrary and doesn’t hold up to legal analysis

“Really? DUUHHH!”

When pushed on that point, she concedes, “”Basically, the distinction is arbitrary and doesn’t hold up to legal analysis. But there doesn’t seem to be any political or legal will to acknowledge that. My theory is that this is the case because the porn industry is so lucrative and so powerful.”

“Can you fucking believe this?”

She goes on,

And popular: “Consuming porn,” she adds, “is too much an accepted part of our culture for any real threat against it to survive.”

‘From wherever you are in the country, you should be able to see the steam bellowing from Weinstein’s ears in reaction to one Florida law professor’s evaluation of the situation. Not that it will deter him…’

“What moron wrote this? Oh of course. It’s the AVN Staff, because no one wants to put their name on this.”

“California and New Hampshire are the only places where shooting porn is legal. And Diane Duke is supposed to be an educated woman.”

“Most states know when you do a Backpage ad and a girl shows up and you go here’s five dollars and you fuck with a camcorder it’s prostitution.”

“So there you go. Once again Diane Duke opening her mouth and lying. Making our industry look stupid as always.”

FUCK YOU production companies

–Tom Byron

“We haven’t heard from LATATA for a while. We were wondering where they have been. Where have those sneaky little fuckers been?”

“Well, we’ve found out where they’ve been. They’ve been coming up with the most asinine statements, I don’t even know where to begin.”

“Basically LATATA is all of the agents. Mark Spiegler, Derek Hay, Mark Sphincter (Schechter) of ATMLA, Foxxx Modeling, Sandy and her daughter at OC and so on.”

“All of them have collectively decided that they are going to go directly against that the organizations of Free Speech Coalition, PASS, Diane Duke, Christian Mann, Peter Acworth, lawyers, the people I consider to be the pro-disease, the pro HIV side.”

“Now Derek Hay and LATATA have decided to create their own island. So I guess now Derek Hay will be doing all the interviews for the industry. Because he has now just bucked Marci Hirsch and the entire Free Speech Coalition board.”

“So Derek Hay, Mark Spiegler, OC Modeling, all of these agents have decided to simultaneously go against the establishment that they’ve worked with hand in hand.”

“Oh, I forgot, I’m an idiot because I’ve been proposing a centralized talent database, a centralized independent testing agency. Now everything that I’ve been proposing is now slapping everybody right in their fucking faces.”

So all of you studio owners, hey Adam and Eve, hey Scott Taylor at New Sensations, hey fat fuck Jerry Estrada at Exquisite, hey Steve Hirsch, Marci Hirsch, guess what? You’re all paying 20 dollars a head extra because Derek Hay, who gets 20% of the talent’s money, has said that you’re all going to pay for each production day, for each talent for every movie made. And Derek Hay has said that talent doesn’t have to test every two weeks. Because he’s the boss.

“Those who don’t like it, go fuck yourselves. Even though Christian Mann has stated that companies like Kink.com will not shoot you unless you go through the testing protocols of PASS and the protocols of PASS is testing every two weeks.”

“So Derek Hay and LATA have notified everybody that you don’t gotta test every two weeks.”

“I guess we’ve shown Huffington Post and everybody that we do a real good job of regulating ourselves. We’ve shown a real good front of creating unity.”

“Now I’ve been preaching to all of you that the agents are pure shit. I’ve been preaching to you that Derek Hay is nothing more than a wannabe gangster who is nothing more than a suitcase pimp homosexual cunt that road into this business on the coattails of Hannah Harper and that was how he was able to create a talent agency because Hannah Harper was the front. Hannah Harper was the girl who got the girls. Because who in their right mind would deal with Derek Hay?”

“I’ve told all of you about Derek Hay and Mark Spiegler and guess what everybody? Derek Hay, in the span of a single afternoon, has told the entire world that he is the new sheriff in town. And what he says goes.”

“All the money that’s been raised for Free Speech Coalition, all the lobbying, the fundraisers, all of it is bullshit. Derek’s the voice and he says no need for testing every two weeks. Just test once a month.”

“On top of that, all you producers, directors, owners, you’re all going to pay an extra 20 dollars per girl, per guy, per production, per day whether you like it or not. And I, Derek Hay, do nothing.”

“Guys, is this just a fucking comedy?”

“As of this afternoon Derek Hay and LATATA have declared to Free Speech Coalition and the entire PASS system that there is now total anarchy. According to them, there is no need for PASS, there is no need for testing twice a month. LATATA is here, what they say goes. Oh, and by the way studios, instead of paying $100 a head, you’re now all paying $120.”

“And don’t forget, it’s all going to talent to defer the cost of testing twice a month. But according to Derek Hay, none of you have to test twice a month.”

“Because Derek Hay has the authority over Kink.com. Derek Hay has the authority over Vivid Entertainment. I didn’t know that.”

“Maybe someone can post Christian Mann’s letter again that states that anyone who doesn’t follow the PASS procedures doesn’t work.”

“So Derek Hay has changed the rules. Just like that. Derek Hay is telling Vivid that a 30 day test is fine even though the sister of the owner sits on the Free Speech board.”

Let’s read the letter:

LATATA Responds to FSC’s Call for 14-Day Adult Industry Testing
Financial Burden Falls 100% on Adult Performers Under FSC’s Proposed Testing Policies.
STUDIO CITY, CA – Recently, the Free Speech Coalition (FSC), in conjunction with PASS, issued a statement recommending the frequency for required STD testing in the adult industry be changed from the standard 30 day to a 14 day testing standard. Whereas, the Licensed Adult Talent Agency Trade Association (LATATA) definitely supports and is in favor of any and all measures enhancing its performers’ level of safety in the protection against STDs, including the use of condoms, the organization vehemently opposes the unilateral manner in which this decision was made. Among several specific factors is the issue concerning the burden of financial responsibility, which was simply not considered – the result being the responsibility has fallen 100% on the shoulders of the performers.
Performers are now faced with an increased cost of up to three (3) times that which was previously being spent on testing – an instant and immediate increase. In all other business sectors, when the cost of goods increases, there is usually an increase down the line, all the way to the consumer level. Unfortunately, for the Adult Industry, simply raising the cost to consumers is not the solution.

“Well why not? Why not Derek Hay? It’s done all the time. A few years ago, you were paying two dollars a gallon for gasoline.

“If the consumer thinks the product is worth it, they will pay for it. If not, they will drive it out of the market. How is it, in every other walk of life, you make the consumer pay for better quality and standards, but not in porn? This attitude is why our business is in the shithouse.”

More:

As agents representing approximately 75% of the Adult Industry performer population, as well as servicing 90% of all production companies with its performer needs, LATATA’s members feel their voice and participation in such matters are vitally important to the continuity of the adult industry.
LATATA proposes the increase and burden of financial responsibility is shared between the performers and the production companies, which employ them, and is cognizant the law requires this.
It is hereby recommended that a testing fee of $20.00 be applied to each and every production day. This will enable the majority of performers to recoup a portion of the increase. Sharing in the increase of cost means productions companies will not have to absorb the entire cost if performer rates were to increase in order for the performers to cover this substantial increase in the testing expense.

“So guys, do you understand what Derek Hay has said? That if you don’t pay the extra 20 dollar fee, he’s gonna jack up the rates of all of the performers in the industry. FUCK YOU production companies! FUCK YOU Vivid Entertainment! FUCK YOU New Sensations! FUCK YOU Axel Braun you BITCH!”

“Derek Hay, the new sheriff in town, has stated so eloquently that you guys are gonna pony up and pay 20 bucks a head or the talent are raising their rates across the board.”

“Tonight is the fuck you show. Derek Hay has said if you don’t like the 20 dollars bitch, you’re definitely not gonna like the entire talent pool raising their rates, and there’s nothing you can do about it. Fuck you.”

The letter continues:

LATATA would also like to state it will continue to service and support production companies / studios choosing to remain with a 30 day testing policy; the testing fee for those studios is asked of them, as all others, but is not considered mandatory.

“Wow, ain’t that nice? Free Speech Coalition, Christian Mann, Diane Duke, all of them have stated that the PASS system is the protocol you must follow or you don’t work. And here we are from Derek Hay and LATATA stating here’s our policy, everyone’s gotta pay 20 bucks a head, every production day and if talent only wants to test every 30 days they’re allowed to. They don’t have to adhere to a 14 day testing policy.”

“So basically, if you’re talent that tests every 14 days, you can work with talent that tests every 30 days. So everyone that says we don’t need condoms because of our stringent testing policies, that theory goes out the window because you have talent with two different testing policies co-mingling. What the fuck guys? This don’t bother anybody?”

“Derek Hay has said that you don’t have to do the industry protocols that have been set up with an organization that he’s a part of and has bowling events with. It’s not like Derek is an outsider. He’s like the Tea Party wing who’s gonna go ultra uber-crazy. A system set up by Diane Duke, Christian Mann, Marci Hirsch, who got together and said this is what we’re gonna do. Derek Hay has now undermined his own party.”

“Think about this you guys. Derek Hay’s office is in the Vivid building and he gets to walk down the hall and see Marci Hirsch and Marci goes Derek, what are you doing, you went against everything we said? And Derek says, Ohhh, don’t worry about it Marci, just eat my asshole.”

And finally:

LATATA commends Glenn King of `Mean Bitches` for stepping forward and being the first to put this much discussed ideal into practice.
The following production companies have already issued an approval of this recommendation, and LATATA urges each and every production company to follow with this recommendation, which LATATA would like to put into effect starting October 15, 2013.
In support of this proposal are Glenn King (Mean Bitches), Mike Adriano, Holly Randall, Rashaan (CE Cash), Dan Leal (Immoral Productions), Kim Nielsen (ATKingdom), Laura (FH Studios), and Jonni Darko (Evil Angel).?“Anything that can help with the health and well-being of the talent in our industry should be supported, and therefore, I am on board,” stated Evil Angel Video Director Jonni Darko.

“Here’s another thing I love. Glenn King, Evil Angel. Mike Adriano, Evil Angel. Jonni Darko, Evil Angel.”

“Christian Mann, people in your own company have gone against the policies that you help set up.”

“I remember when we started this journey with the radio show. People wouldn’t even get on the phone with me. They were scared of being blacklisted for associating with me or acknowledging that what I said about the system and the agents was correct, but they weren’t willing to speak up.”

“Tonight for me is glorious. Because you’re all getting from LATATA, Derek Hay, Mark Spiegler, etc. exactly what you deserve.”

I would travel there to shoot from time to time and all the girls I got from the agency were already tested. This was years ago of course, back when AIM was still around and I was still shooting in the USA.

@DWB,
Just out of curiosity, why didnt you pay for the tests for the LA girls?

It’s not like money is going to fall out of the sky to pay for all of this.

@Hunter: The companies will make profit off these movies for the rest of mankind’s existance! The performer gets paid ONCE! Pretty fair trade to make the producer pay for their EMPLOYEES testing! It’s the least they can do!!!! Think about it, folks— Linda Lovelace got paid ONCE and HOW MUCH MONEY HAS DEEPTHROAT MADE? WHO GETS THAT MONEY????
If talent OWNS their own content, THEY CAN PUT THE OWNERSHIP RIGHTS IN THEIR EFFIN WILLS!!!! Maybe Junior won’t mind his mommy’s past soooo much when he continues to make money off her movies UNTIL HE CAN PUT IT IN HIS OWN WILL!!!!
People, these movies WILL NEVER GO AWAY!!!! Own your video souls, folks!!! I sure wish I did!!!