Florida County Moves to Ban Porn

LOS ANGELES — Nassau County Commissioners are considering an ordinance banning the sale, but not the possession of, pornography within the northern Florida County.

At a meeting earlier this week, County Attorney David Hallman offered a draft ordinance for consideration by the board, despite reported concerns on his part, as well as that of Commissioners Mike Boyle and Barry Holloway, over potential legal challenges that could prove costly for the County.

"I'd be remiss if I didn't tell you that you'd be out at the edge if you adopt this," Hallman said, commenting on the existing Adam & Eve outlet that would be in violation of the law if enacted.

"I will tell you that I've been made to understand that you can go a couple of miles down the street and purchase CD-ROMs depicting each of these things [that would be prohibited by the ordinance], except perhaps sexual conduct with minors, which is a violation of federal law," Hallman said.

"Of all the loony ordinances we've seen lately, this one takes the cake," Lawrence Walters, an attorney representing the store in question, told XBIZ. "The County is attempting to create a new category of unprotected speech as a method of driving our client out of business."

According to Walters, if this ordinance is upheld, it would likely be passed by every local government that desires to eliminate adult bookstores from their jurisdiction.

"Apparently, Nassau County believes that they are the first ones who thought about outlawing commercial pornography as a means of eliminating adult businesses," Walters said. "Unfortunately for the County, the First Amendment poses a significant hurdle for their efforts."

"It seems to me like we're being asked to legislate morality in Nassau County," Holloway said. "I'm not against it, but I want to be very clear that that's what we're going to do."

The proposed ban defines pornography along the lines of the Miller Test, as "described or depicted sexual conduct that the average person, applying contemporary community standards, would find that, taken as a whole, appeals to a prurient interest," and "that the work, taken as a whole, lacks serious literary, artistic, political or scientific value."

"This modified Miller Test that they've invented appears to be blatantly unconstitutional under a long line of Supreme Court cases — most recently FSC v. Ashcroft, which struck down another modified Miller Test dealing with virtual child pornography," Walters said.

"But I wouldn't be surprised if the County goes forward with this effort," Walters added. "It is election season, after all."

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

More Conservative Organizations Distance Themselves From Anti-Porn Project 2025

A growing list of conservative groups which had formerly endorsed Project 2025 — which calls for the total criminalization of adult content production and distribution — have reportedly distanced themselves from the blueprint, following Donald Trump’s claims that he disagrees with an unspecified number of its positions.

BranditScan Unveils Protection Plan for Adult Studios

BranditScan has launched a new content protection plan tailored specifically for adult studios.

Ashby Hunter Is Hustler's 'Cover Honey' for August

Russian model Ashby Hunter is the Cover Honey for the August issue of Hustler magazine, and appears in a 14-page centerfold spread shot by Davide Esposito.

Our Erotic Journey Unveils 'Cristal Collection' Glass Dildos

Our Erotic Journey has introduced its new Cristal Collection of glass dildos.

MYLF Drops 2nd Installment of 'Motherfucker' Starring Millie Morgan

MYLF has released the second installment of its latest feature, "Motherfucker," starring Millie Morgan.

Lulu Chu Stars in 'Taxes & Titties' From Brazzers

Lulu Chu stars with Van Wylde in the latest release from Brazzers, titled "Taxes & Titties."

Brandi Love Stars in Latest From Blacked Raw

Vixen Media Group (VMG) exclusive Brandi Love stars with Jay Hefner in the latest release from studio imprint Blacked Raw.

XBIZ Expo Pleasure Product and Retail Show Website Goes Live

The event website for the XBIZ Expo pleasure product and retail trade show is now live.

Sportsheets Debuts 'Peaches 'N CreaMe' Training Video

Sportsheets has released its latest training video, titled "Peaches 'N CreaMe," the first in a series hosted by Brand Ambassador Rin Musick.

CAM4 Debuts Weekly 'Skyy Knox's CAM Crawl' Livestream

CAM4 is launching "Skyy Knox’s CAM Crawl," a new livestream running every Sunday at 3 p.m. PDT.

Show More