Not Wearing a Condom in a Porno is a Free Speech Issue, Vivid Entertainment Argues in Lawsuit

This November, voters in Los Angeles approved a referendum, backed by the AIDS Healthcare Foundation, requiring actors in porn films shot in the county to wear condoms. The measure passed with 55.9 percent of the vote. That law is now being challenged by Vivid Entertainment, a porn company, which argues that the ban is a violation of the right to free speech and expression.

More from the AP:

The suit, filed Thursday in federal court, also contends that the law is vague, burdensome and ineffective and is pre-empted by California laws and regulations. It asks the court to block the measure's enforcement and to rule it unconstitutional…

Adult film actors rallied to oppose the law before its November passage.

"The idea of allowing a government employee to come and examine our genitalia while we're on set is atrocious," sex film star Amber Lynn told the Los Angeles Daily News at the time.

Industry critics also said that fans don't want to see actors using condoms. They contend that if the law is enforced, the 200 or so companies that now produce adult films in Los Angeles, primarily in the San Fernando Valley, will simply move elsewhere, taking with them as many as 10,000 jobs.

Oh California.

Reason TV previewed the LA referendum in October:

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  • Paul.||

    Let's see the same progressives who fought for 2 Live Crew stage performances in the early 90s argue against this.

    Waiting.

    Waaaaiting....

  • ant1sthenes||

    I'm pretty sure those were liberals. Progressives haven't met a freedom they supported, other than abortion, and that only because it keeps the population of undesirables in check.

  • An0nB0t||

    How long will it take for them to figure out that the undesirables would probably vote Democrat? When they finally catch on, the 180-degree transformation of the word "liberal" will be complete.

  • John C. Randolph||

    There are competing impulses at work, there. The regressives want the proles' votes, and they greatly admire LBJ for figuring out how to turn millions of them into a new kind of sharecrop, but they're afraid that they may eventually catch on and overthrow their benevolent masters. (Note the way that California's regressives jumped on the gun-grabbing bandwagon when the Black Panthers briefly made a habit of wearing rifles over their shoulders.)

    -jcr

  • ||

    This clearly falls under the public health exception to the first amendment. It's right there in the fine print.

  • Thane of Whiterun||

    "We're not telling them what the content of their movies should be."

    That's exactly what you're fucking doing?

    Also, this WHINEstein guy is incredibly creepy looking.

  • Fist of Etiquette||

    Like they can't tastefully film a bare dick going into a vag in Miami. Just leave California already, people!

  • John C. Randolph||

    They don't have to go far, even. Nevada's right next to them.

    -jcr

  • Sigivald||

    Or just LA county, since this wasn't a State "rule".

  • R C Dean||

    There's gotta be a joke in there about the right to bare "arms", too.

  • Voros McCracken||

    "I'm not going to speculate on negative unintended consequences"

    And there's the nutshell of a lot of what's wrong with modern US laws.

  • Terry Michael||

    To understand this whole thing, you need to understand the AIDS Healthcare Foundation of Los Angeles. They are a $100 million to $150 million operation, equivalent to a Medicaid Mill. They mine federal healthcare dollars from several sources (ADAP, Ryan White, etc.), through the largesse (with taxpayer money) of politicians who want to appear to be be aiding AIDS victims with the chemotherapy know as "anti-retrovirals," which are highly toxic and eventually cause the very same immune deficiency they are supposed to "cure." AHF has been in a war with the biggest purveyors of the chemo, Gilead Sciences of Foster City, CA, for a year or two, trying to get them to reduce their Truvada ($14K/year) prices, so AHF's own pharmacies can reap greater profits. Oddly, Gilead has given AHF over $10 million in charitable grants to try to buy them off. The bottom line: the AHF anti-condom campaign is to make them look good with politicians, so that politicians will keep shoveling money to AHF. If you don't believe me, look it up!

  • Tulpa (LAOL-PA)||

    too stupid, didn't read

  • An0nB0t||

    Good thing. It an extraordinary effort in the hybridization of non sequitur and stupidity.

  • Ted Levy||

    "They contend that if the law is enforced, the 200 or so companies that now produce adult films in Los Angeles, primarily in the San Fernando Valley, will simply move elsewhere"

    Perhaps a bedroom community...

  • Ted Levy||

    ""The idea of allowing a government employee to come and examine our genitalia while we're on set is atrocious," sex film star Amber Lynn told the Los Angeles Daily News"

    Yeah! Let him buy the DVD like everyone else!!

  • Ted Levy||

    Vivid Entertainment argues, "The suit, filed Thursday in federal court, also contends that the law is vague, burdensome and ineffective"

    OK, I get burdensome, and I get ineffective. But "vague"? How is a mandate to wear a condom vague???

  • Robert||

    Probably re which productions it covers, which scenes, and at what points in the scenes the condoms are to be worn. Plus maybe what types of condoms are acceptable.

  • JeremyR||

    Meh, I watch lesbian porn anyway, so it doesn't matter.

  • An0nB0t||

    First they came for the unwrapped penises...

  • ||

    Then the unwrapped penises came for them...

  • Rick Santorum||

    What a horrible, degenerate society we live in.

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