Is Filming Porn Illegal in Florida? Some Experts Say Yes

Categories: Flotsam

porn_credit_elmo_love_via_wiki.jpg
Elmo Love via Wikimedia Commons
What's the difference between porn -- where people hump for money -- and prostitution, where one person pays another for sexual services?

Nothing, claims Michael Weinstein. As president and founder of the AIDS Healthcare Foundation (AHF), Weinstein has been a pain in the bare ass of the porn industry for years. His organization made headlines last year for spearheading a law requiring condoms on porn sets in Los Angeles County. But in recent months, Weinstein has taken to claiming that porn is not only unsafe but also illegal. According to him, hundreds of South Florida porn stars are committing a crime with every pelvic thrust.

"Both California and New Hampshire have supreme court rulings calling [porn production] free speech," Weinstein says. "Even though there is a big business elsewhere in the U.S. -- particularly in South Florida -- technically it is considered prostitution. It's illegal."

See also: Non-Shocker: Porn Being Filmed in Semi-Public All Over Miami-Dade

It's a question with serious implications for South Florida, where the adult film industry has been booming in the wake of L.A.'s condom law. Companies such as Bang Bros and Reality Kings are giants of the nudie world now.

Last month, the Sun-Sentinel quoted Weinstein as if his statements were fact. A few days later, the newspaper repeated his assertion in an editorial. However, the truth about the legality of porn in Florida is much murkier.

"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."

porn_shoot_credit_mikey_baratta_via_wiki.jpg
Mikey Baratta via Wikimedia Commons
A porn shoot
Legal scholars tend to agree, but the issue is sloppier than either side admits.

"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," says University of Miami law professor Mary Anne Franks. "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."

So a streetwalker humping some horny bastard in a Biscayne Boulevard motel is illegal, but add a camera, cut them both a check, and slap the sloppiness on the internet and it's A-OK?

"Basically, the distinction is arbitrary and doesn't hold up to legal analysis," Franks admits. "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."

Yet there's another reason why its precarious legal status isn't really a big deal: Porn is way too popular, Franks says.

"Consuming porn is too much an accepted part of our culture for any real threat against it to survive."

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5 comments
Exiliado
Exiliado

In prostitution, one person pays another to have sex with him or her.

Porn is different.

You have two actors/actresses making a performance for a camera. They don't pay one another to have sex. They both have been hired for a performance, just like any other actors/actresses do.

I am neither questioning nor approving porn or prostitution. I am just stating an obvious difference.  

catarecibo662
catarecibo662

Lets get something straight; Prostitution is the oldest trade in history. What's the difference between Porno and Prostitution? That one is outdoor and the other is indoor. Anything in common? Is sex for money. What Weinstein and the law should concentrate is in keeping it indoors, meaning Prostituiton in this country should be legal but like they do in such countries like Puerto Rico, Cuba before the revolution, and probably Dominican Republic a Whore house were a Doctor periodically checks the prostitude. Porno is fine is indoor as we know it.

melwilson
melwilson

As for this dumbfuck Michael Weinstein, I'm reminded of that "bug up your ass" quote Jack Nicholson made to Shirley MacLaine in Terms of Endearment.   Only Jack was referring to a bottle of wine to cure Shirley's bug.  What wayward Weinstein needs for the bug up his ass is a good swift kick.  

 ...And we could get a crew to film it and then market the video on Vivid.

Tattooed_Beekeeper
Tattooed_Beekeeper

i remember the last apartment i lived at had a crazy shoot in the next floor .. the cops came and it was insane how everyone walked out ... like in the movies =P ... wait a minute ... they were making a movie =P 

LanceHarmstrong
LanceHarmstrong

@Exiliado Sure. I'm going to hire an "actress" to appear in my pron movie... by the way... to keep production costs in control, I also happen to be the leading man... just everyday pron my friend...

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