educational

Legal Update for March, 2004: Part 1

In this month's Adult Industry Update, noted first amendment attorney Larry Walters takes a look at news from the Department of Justice, the Supreme Court's renewed look at COPA, and the latest obscenity prosecutions, among other important issues facing adult Webmasters today.

Bruce Taylor Rehired By DOJ
Bruce Taylor, a Department of Justice (“DOJ”) Special Attorney from 1989 to 1994, was recently rehired as part of a renewed effort by the government to prosecute obscenity cases against the adult industry. Taylor was an attorney for the DOJ during the heyday of its Regan-Bush Sr. anti-porn effort, which reinforces the current commitment to escalate its war against adult erotica. As DOJ spokesman Bryan Sierra stated, “Bruce has vast experience, both at the federal and state level, prosecuting those kinds of cases. It is all part of our overall effort to kick-start obscenity prosecutions after a long absence.” The DOJ has also assigned an elite FBI team, to focus exclusively on the DOJ’s newly invigorated assault on adult erotica.

Additionally, President Bush is seeking an increased budget to fight adult entertainment companies using obscenity laws, as evidenced by his fiscal 2005 budget proposal released in February. Given the groundswell of support from Congress for the concept of obscenity prosecutions, this effort should receive all the funding requested by Bush and Ashcroft. Now that the training sessions have been completed, the funds set aside, a leader picked and the gumshoes in place, all signs point to a significant effort coming down the pipe against the adult industry. The time for legal evaluation and compliance is now. ‘Nuff said.

Supreme Court Revisits COPA
On March 2, 2004, the United States Supreme Court heard oral arguments in Ashcroft v. ACLU, which was the government’s third attempt to have the Child Online Protection Act (“COPA”) declared constitutional.  The Court must decide whether if COPA protects children from adult online content without stifling adults’ free speech rights.  The Third Circuit Court of Appeal struck down COPA because it allowed the Internet to be judged by “contemporary community standards” which is difficult to enforce due to the Internet’s breadth, and the Philadelphia-based federal appeals court struck down COPA on broader free speech grounds. The ACLU argued that “COPA’s bludgeon suppresses an enormous amount of speech protected for adults and is unnecessary and ill-tailored to address the government’s interest in protecting children from sexually explicit images.” COPA, which has been on hold pending the Court’s decision, may impose $50,000 fines and six-months of jail time for first-time offenders, with increased fines for repeat COPA offenders.  The Court is expected to render a decision within this term, which closes this summer..

The pending decision in that this case reinforces the need for some form of age verification protecting the free areas of adult websites, or free sites themselves. Various options are available, and the author’s firm allows its clients to use the method described on www.BirthDateVerifier.com. Regardless of the method chosen, age verification is becoming a critical issue both in terms of compliance with COPA (if upheld) and to prevent the government from accusing webmasters of providing erotica to children during the expected wave of obscenity prosecutions on the horizon. Despite the possibility that COPA may be struck down, compliance is universally recommended by Industry attorneys.

Obscenity Prosecutions 
In one of the first federal obscenity cases in almost a decade, Garry Ragsdale was sentenced to serve 33 months and his wife, Tamara, was sentenced to serve 30 months for conspiracy to mail obscene material, transporting obscene material, and aiding and abetting. The material at issue included videos entitled “Brutally Raped.”  The two are currently out on bail, pending appeal.  Others are also facing federal obscenity charges, including Jon Coil, Rob Black, and Extreme Video.

A federal grand jury indicted Harold Foote Hoffman II on March 10, 2004, for transporting allegedly obscene videos depicting bestiality via Federal Express to an address in Alabama.  If convicted, the indictment orders Hoffman to forfeit all money and property gained from transporting the material.  United States Attorney Kasey Warner said, “Our strategy is to focus on cases involving the online distribution of obscenity for commercial gain and obscenity involving children.” This is the first time that this author has seen an indictment where a private commercial courier, Federal Express, as opposed to the United States Mail, was used in a case involving the transportation of obscene materials, although such prosecutions have been statutorily authorized for decades.

In Canada, Steve Sweet, the head of Sweet Entertainment Group, is currently being tried for allegedly making and distributing obscene material.  The materials at issue include videos depicting urination, bondage, and sadomasochistic play.  Sweet will offer evidence regarding consensual acts displayed in the videos, the popularity of bondage, the unlikelihood of harm from the videos, and the widespread nature of bondage sites on the Internet.  This case will raise issues regarding “contemporary Canadian community standards.” This case is also important as a glimpse into what the future may hold for webmasters indicted for obscenity offenses here in the United States. This trial may last as long as six weeks.  Until then, Sweet Entertainment is continuing to provide adult entertainment via its site, www.sweetentertainment.com.    

Stay tuned for Part 2...

Lawrence G. Walters, Esquire is a partner with the law firm of Weston, Garrou & DeWitt, with offices in Orlando, Los Angeles and San Diego. Mr. Walters represents clients involved in all aspects of adult media. The firm handles First Amendment cases nationwide, and has been involved in much of the significant Free Speech litigation before the United States Supreme Court over the last 40 years. All statements made in the above article are matters of opinion only, and should not be considered legal advice. Please consult your own attorney on specific legal matters. You can reach Lawrence Walters at Larry@LawrenceWalters.com, www.FirstAmendment.com or AOL Screen Name: “Webattorney.”

Copyright © 2025 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 Articles

opinion

WIA Profile: Lainie Speiser

With her fiery red hair, thick-framed glasses and a laugh that practically hugs you, Lainie Speiser is impossible to miss. Having repped some of adult’s biggest stars during her 30-plus years in the business, the veteran publicist is also a treasure trove of tales dating back to the days when print was king and social media not even a glimmer in the industry’s eye.

Women in Adult ·
opinion

Fighting Back Against AI-Fueled Fake Takedown Notices

The digital landscape is increasingly being shaped by artificial intelligence, and while AI offers immense potential, it’s also being weaponized. One disturbing trend that directly impacts adult businesses is AI-powered “DMCA takedown services” generating a flood of fraudulent Digital Millennium Copyright Act (DMCA) notices.

Corey D. Silverstein ·
opinion

Building Seamless Checkout Flows for High-Risk Merchants

For high-risk merchants such as adult businesses, crypto payments are no longer just a backup plan — they’re fast becoming a first choice. More and more businesses are embracing Bitcoin and other digital currencies for consumer transactions.

Jonathan Corona ·
opinion

What the New SCOTUS Ruling Means for AV Laws and Free Speech

On June 27, 2025, the United States Supreme Court handed down its landmark decision in Free Speech Coalition v. Paxton, upholding Texas’ age verification law in the face of a constitutional challenge and setting a new precedent that bolsters similar laws around the country.

Lawrence G. Walters ·
opinion

What You Need to Know Before Relocating Your Adult Business Abroad

Over the last several months, a noticeable trend has emerged: several of our U.S.-based merchants have decided to “pick up shop” and relocate to European countries. On the surface, this sounds idyllic. I imagine some of my favorite clients sipping coffee or wine at sidewalk cafés, embracing a slower pace of life.

Cathy Beardsley ·
profile

Andi Avalon Talks Wifey Life and the Joys of Suburban Chaos

Fans crave authenticity. For most adult content creators, this has become gospel. Everybody is looking for “the real deal” — and as it happens, you can’t get much more real than MILF creator-performer Andi Avalon.

Jackie Backman ·
profile

WIA Profile: Salima

When Salima first entered the adult space in her mid-20s, becoming a power player wasn’t even on her radar. She was simply looking to learn. Over the years, however, her instinct for strategy, trust in her teams and commitment to creator-first innovation led her from the trade show floor to the executive suite.

Women in Adult ·
opinion

How the Interstate Obscenity Definition Act Could Impact Adult Businesses

Congress is considering a bill that would change the well-settled definition of obscenity and create extensive new risks for the adult industry. The Interstate Obscenity Definition Act, introduced by Sen. Mike Lee, makes a mockery of the First Amendment and should be roundly rejected.

Lawrence G. Walters ·
opinion

What US Sites Need to Know About UK's Online Safety Act

In a high-risk space like the adult industry, overlooking or ignoring ever-changing rules and regulations can cost you dearly. In the United Kingdom, significant change has now arrived in the form of the Online Safety Act — and failure to comply with its requirements could cost merchants millions of dollars in fines.

Cathy Beardsley ·
opinion

Understanding the MATCH List and How to Avoid Getting Blacklisted

Business is booming, sales are steady and your customer base is growing. Everything seems to be running smoothly — until suddenly, Stripe pulls the plug. With one cold, automated email, your payment processing is shut down. No warning, no explanation.

Jonathan Corona ·
Show More