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Old 04-08-2008   #10
pornlaw
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Join Date: Dec 2007
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Default Re: WHy is porn legal and prostitution illegal ?

Actually porn isnt legal outside of California - yet, perhaps Ray Guhn will prove otherwise.

But the difference between porn and prostitution in California is the case of State of California v. Freeman.

Even POV porn is illegal in California under Freeman.

The main issue everyone seems to miss is the contractual ramifications of the illegal nature of porn. While content producers may have a First Amendment argument against the government in a criminal case because of the artistic free speech nature of porn, this will not hold up in regards to content shot outside California in a civil litigation case. Courts will not enforce illegal contracts and in most states contracts for sex are still illegal.

Michael

www.AdultBizLaw.com
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