Randazza Releases 'The Freedom to Film Pornography'

Randazza Releases 'The Freedom to Film Pornography'

LAS VEGAS — Industry attorney Marc Randazza dispels the oft-repeated myth that porn can only be shot in California and New Hampshire in a paper released today by the Nevada Law Journal titled, “The Freedom to Film Pornography.”

Randazza told XBIZ today that he first was inspired to write the piece after he traveled to Sacramento, Calif., several years ago to speak before lawmakers concerning one of the attempts to create a condom statute targeting the porn industry.

“So I got tired of hearing that porn can only be filmed in California and New Hampshire and started writing a short article,” he said.

That “short” article, Randazza said, mushroomed into a 42-page dissertation that debunks the myth that porn can be shot in only those two states.

The four-chapter paper spells out how the porn biz fell out of love with Southern California after Measure B in Los Angeles County passed and how the debate about where production of porn could end up if a piece of legislation, AB 1576, passed.

It also takes a peek at a key U.S. Supreme Court decision, People of California v. Freeman, that gave First Amendment protection to adult film production in California. The paper also offers a scorecard on a number of states outside of California and New Hampshire that have been talked about as new porn hubs.

“While AB 1576 failed, the debate over it gave new life to the myth that California and New Hampshire were the only places in the U.S. where it is legal to make adult films,” Randazza wrote in “The Freedom to Film Pornography.” “Journalists thought they were the first to discover this hidden legal gem. For example, Dennis Romero writing in the L.A. Weekly falsely declared: ‘Porn is only explicitly legal in California and New Hampshire. Otherwise it’s prostitution.’

“And, with that, he damaged his own credibility and made all of his readers that much less educated,” Randazza wrote.

After taking a close look at the Freeman case and its applicability in other states in the paper, Randazza delves into a hypothetical constitutional showdown and sums up that prosecutions over adult film shoots in other states besides California and New Hampshire would be “unthinkable.”

“In the event that another state wishes to tackle this issue, it would likely be a fool’s errand,” Randazza wrote. “Only a fanatical anti-porn crusader would bring such a prosecution at this point. And if such a prosecutor brought such a case, the most likely outcome would be a state court decision following Freeman or a landmark decision based on the federal Constitution.

“Ironically the reasoning that gives life to the myth that filming pornography is legal only in California and New Hampshire is the same mythological spirit preventing many states from confronting Freeman.”

Randazza’s article, “The Freedom to Film Pornography,” can be downloaded here

Related:  

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Aylo Willing to Work With Australia's Online Censor on Device-Based AV Solutions

The office of Australia’s top online censor, unelected eSafety Commissioner Julie Inman Grant, released a new roadmap for implementing age verification according to the country’s Online Safety Act.

Spain's Technology Minister Unveils Soon-to-be-Mandatory Age Verification App

Spain’s anti-sex work and anti-porn Socialist Party (PSOE) government led by Prime Minister Pedro Sánchez unveiled a new age verification app that will become a mandatory step to access any adult content by anyone in the country starting in September.

Nikki Slick, Scarlett Mae Topline Latest 'Women Seeking Women'

Nikki Slick and Scarlett Mae headline the 197th volume of "Women Seeking Women," from Girlfriends Films.

Tanya Tate Performs 1st Anal for MILFY

Tanya Tate performs her first anal alongside Dan Damage in the latest release from Vixen Media Group (VMG) studio imprint MILFY.

Kenzie Taylor Stars in Seth Gamble's 'Gravity Wolf'

Kenzie Taylor stars in the latest release from reigning XBIZ Performer of the Year Seth Gamble's LucidFlix, titled "Gravity Wolf."

FSC Drops Opposition to California Age Verification Bill After Amendments

Free Speech Coalition (FSC) has dropped its formal opposition to California’s age verification bill AB 3080, after an amendment secured through months of discussions with the bill’s author was heard by the Senate Judiciary Committee.

Jennifer White Stars in 'Hot Dog Eating Contest' From Elegant Angel

Jennifer White stars with reigning XBIZ Male Performer of the Year Zac Wild in the Fourth of July-themed "Hot Dog Eating Contest," from Elegant Angel.

SCOTUS Agrees to Hear Texas Age Verification Challenge

The United States Supreme Court granted on Tuesday the petition for a writ of certiorari in the Free Speech Coalition-led challenge to Texas’ age verification law, agreeing to hear the case in the next term.

Penthouse Names Autumn Ren Its July 'Pet of the Month'

Penthouse Magazine has named model Autumn Ren as Pet of the Month for July.

Dorcel Group Acquires LifeSelector

Dorcel Group has acquired interactive content company LifeSelector.

Show More