Miami New Times Questions Legality of Fla. Porn Shoots

MIAMI — The question of whether shooting porn in South Florida — a recent haven for mandatory condom law-weary Porn Valley producers and online companies —  is legal, is being questioned by the local media and lawyers.

Challenging AHF President Michael Weinstein’s stance that shooting porn in Florida is tantamount to prostitution and thus illegal, a Miami New Times article pointed out that some recent reports, including an editorial in the Sun-Sentinel has erroneously quoted Weinstein’s assertions as fact, when “the truth about the legality of porn in Florida is much murkier.”

The Times reached out to Free Speech Coalition (FSC) CEO Diane Duke for comment on the controversial Florida situation.

"Weinstein has been running around screaming that it's not legal, but that's ridiculous. 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," Duke said.

One local legal scholar, Mary Anne Franks, a professor at the University of Miami agreed with Duke, but admitted that the laws are sketchy at best.

"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," Franks told the Times.

She added, "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."

Questioning the distinction between simply paying a hooker and filming the act as being legal, as opposed to a set porn production, the lawyer said the acts are for the most part subjective, depending on who’s interpreting them.

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

The good news for porn producers such as Bang Bros and Reality Kings, spotlighted as major players in the area, Franks said that the legality isn’t a big deal because porn is too popular to handcuff.

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

Related:  

Copyright © 2026 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

Alexis Fawx Fronts Latest From Bellesa Plus

Multi-XMAs winner Alexis Fawx stars with Josh Rivers in the latest release from Bellesa Plus, titled "Show Me Yours, I’ll Show You Mine."

Amirah Adara Talks Roots, Ambition and the American Dream

Amirah Adara may be new to college football, but she's no stranger to scoring big. Fresh from attending her first Trojans game, the Budapest native shows off her newfound team spirit in a black USC tank top as she settles in at Sana’a Cafe in Los Angeles. It’s a taste of American life she’ll have more opportunities to enjoy with her work visa secured and a bevy of stateside projects ahead.

Vixen Media Group Extends Exclusive Contract, Brand Ambassadorship With Serenity Cox

Vixen Media Group (VMG) has renewed its exclusive contract with Serenity Cox and inked an extension of her brand ambassadorship of studio imprint WIFEY.

Hazel Heart Stars in Latest From Deeper

Hazel Heart stars with Dan Damage in the latest release from Vixen Media Group studio imprint Deeper, titled "Midterm."

Pre-Nominations Now Open for 2027 TEAs

The pre-nomination period for the 2027 Trans Erotica Awards (TEAs) is now open.

Digital Playground Premieres Ricky Greenwood's Action Feature 'Crash and Burn'

Digital Playground has dropped the first installment of "Crash and Burn," an action crime feature from multi-XMAs winner Ricky Greenwood.

Valentina Nappi Featured in Season 2 Cast of 'The Traitors: Italy'

Multi-XMAs winner Valentina Nappi will be among the Faithful, as the veteran adult performer is part of the second season cast of "The Traitors: Italy" on Prime Video.

Dragon Fruit, Lexi Star Headline Latest Volume of Angelo Godshack's 'Hardcore Gangbangs'

Dragon Fruit and Lexi Star topline the ninth volume of director Angelo Godshack's "Hardcore Gangbangs," from Evil Angel.

Chloe Amour Stars in Latest From Blacked Raw

Chloe Amour stars with Chocolate Rod and Goldey in the latest release from Vixen Media Group studio imprint Blacked Raw.

Ofcom Sets Timeline for Enforcing 'Extreme' Content Rules

Before U.K. media regulator Ofcom begins enforcing new laws criminalizing certain “extreme” adult content online, it will first hold a consultation in early 2027, and then provide updated guidance for sites and platforms.

Show More