A federals appeals court has held that Los Angeles County can legally require porn actors to wear condoms.
This is bad news for porn producers who wanted to film sex scenes with men who are “bareback.” Apparently, there’s a market for the additional exposure.
However, a 2012 law approved by county voters mandates the use of condom during porn shoots. It’s an effort to prevent the spread of HIV, which has quite literally plagued the Los Angeles porn industry in recent years.
Vivid Entertainment (yes, the same Vivid Entertainment that offered Mama June $1 million for a sex tape) sued in response to that law, saying that it violated the First Amendment.
“Congress shall make no law respecting the use of condoms.” That has a nice ring to it, doesn’t it?
The production company claimed that its free speech rights were being violated with the must-wear-a-condom law. It pleaded its case in federal court.
“Condomless sex differs from sex generally because condoms remind the audience about real-world concerns, such as pregnancy and disease,” the company argued.
The Ninth Circuit Court of Appeals didn’t buy that argument, stating that the condom requirement is only a minor change to the production.
The phrase “condomless sex is not the relevant expression for First Amendment purposes” will be studied in law schools for years to come.
The court noted that Vivid and other porn producers could express their “erotic message” even with the condom requirement. Therefore, the company’s free speech rights were not abridged.
The court also said that the county has a right to create regulations that serve the public interest, such as preventing the spread of a disease.
Porn production in Los Angeles has dropped sharply since the law passed. Clearly, porn producers find the condom requirement to be onerous.
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[Image credit: Wikipedia]