Legal News

Judge Rejects Arguments Challenging Federal Age Verification in Porn Industry
Download PDF
1 Star2 Stars3 Stars4 Stars5 Stars (No Ratings Yet)
Loading...

On Thursday, U.S. District Judge Michael M. Baylson rejected arguments that federal law requirements for keeping records of the ages of pornography actors were meant to trample First Amendment rights of the pornography industry.

The laws challenged by the Free Speech Coalition make it mandatory for producers of pornography to obtain government-issued photo IDs for each performer and to keep copies of such documents on file for government inspection. The laws require pornography performers to be at least the age of 18.

  
What
Where


In his 74-page opinion, Baylson observed, “A court should tread most carefully in considering facial challenges to anti-child pornography laws.”

While challenging the record-keeping requirements as too burdensome, in last month’s trial in the matter, photographers specializing in erotic art testified that with the capabilities to shoot thousands of photographs a day, record keeping requirements were next to impossible.

Also a sex therapist from San Francisco expressed her frustration at being forced to stop live streaming her masturbation sessions because she is unable to maintain records of those who are viewing.

Get JD Journal in Your Mail

Subscribe to our FREE daily news alerts and get the latest updates on the most happening events in the legal, business, and celebrity world. You also get your daily dose of humor and entertainment!!




Sinclair Institute, arguably the world’s largest producer of sex education materials bemoaned that the federal laws are causing the organization to spend 20 hours a week and about $75,000 to maintain records.

However, Judge Baylson observed that given Sinclair Institute earned $53 million in revenue between 2005 and 2009, $75,000 for ensuring all performers are above the age of 18, and maintaining records was not unreasonable.



The court accepted evidence of government experts who submitted that pornography viewers sought child pornography to an extent where a keyword like “teen porn” is searched 500,000 times daily. The evidence also showed such searches have grown by more than 200 percent over the last decade.

The judge observed the record-keeping requirements are reasonable because, “there are undoubtedly minors who do not contemplate becoming doctors, lawyers or hedge fund zillionaires, and would be attracted to the financial benefits available in the adult pornography industry.”

The judge also remarked that, “Youthful-looking performers are ubiquitous in the adult entertainment industry and there is a significant market for pornographic materials depicting such individuals.”

However, Baylson ruled that government agents need to provide reasonable notice before their visits to check on record-keeping. He said such visits “involve physical intrusions by government agents into areas in which there is reasonable expectation of privacy.”



 

Interesting Legal Sites You May Like


BCG FEATURED JOB

Locations:

Keyword:



Search Now

Mid-Level Commercial Business Litigator

USA-CA-Los Angeles

Los Angeles office is seeking a commercial business litigation attorney with 2-5 years of experience...

Apply Now

Senior Level Litigator

USA-CA-Woodland Hills

Woodland Hills office is seeking a litigation attorney with 5-7 years of experience and a background...

Apply Now

Litigation Associate Attorney

USA-CT-Stamford

Stamford office of our client seeks litigation associate attorney with 3+ years of experience. The c...

Apply Now

Experienced Estate Planning Attorney

USA-CA-Torrance

Torrance office is seeking an estate planning attorney with 7-10 years of experience.

Apply Now

RELEVANT JOBS

Patent / IP Paralegal

USA-WA-Seattle

Patent / IP Paralegal This is an exciting opportunity to work for one of the top law firms in the...

Apply now

Associate Attorney

USA-TX-Sugar Land

Insurance Defense firm seeks an Associate Attorney with a MINIMUM of 3-5 years\' experience in litig...

Apply now

Litigation Associate Attorney

USA-CA-Los Angeles

Statewide, growing, litigation law firm, named one of the Top Boutique Law Firms in California by th...

Apply now

Associate Attorney - Insurance Defense Litigation

USA-NY-Huntington

Growing Long Island insurance defense firm seeking 1 to 5 year associate attorney for their Hun...

Apply now

SEARCH IN ARCHIVE

To Top