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

Mile High Unveils New Unscripted Studio 'Sex on Sight'

Mile High Media has launched a new unscripted-content studio, Sex On Sight.

Belgian Producer Dennis Black Magic Sentenced to 7 Years for Rape, CSAM

Noted Belgian adult producer and director Dennis Black Magic has been sentenced to 7 years in prison and a $4,000 fine for the rape of eight models and distribution of CSAM.

Foxxy Stars in Latest From TransAngels

Foxxy stars with Josh Rivers in "Getting D in Detention," from TransAngels.

PASS to Hold Town Hall About Medical Updates, Database Improvements

PASS will host a virtual town hall discussion with updates from the Medical Advisory Board and regarding planned updates to its database security.

Joy Media Group Debuts ERIKALUST Distro Agreement With 'Safe Word'

ERIKALUST has signed a distribution agreement with Joy Media Group and Bizarre Entertainment.

Angela White, Violet Myers Star in Latest From Brazzers

2020 XBIZ Female Performer of the Year Angela White stars with Violet Myers and Xander Corvus in the latest release from Brazzers.

Candee Licious, Ann Joy Star in 'Shadows of the Heart' From MixedX

MixedX has released "Shadows Of The Heart," from studio banner GetVampired, starring Candee Licious and Ann Joy.

Seoul Authorities Force Cancellation of Adult Expo for 'Distorting Perceptions of Sex'

After Seoul authorities repeatedly prevented 2024 KXF The Fashion from finding a suitable venue, event organizers have canceled the popular Korean adult industry expo, which was scheduled for this week.

FSC to Hold Discussion on Adult Industry Rights With Congressional Candidate Joe Cohn

Free Speech Coalition will hold a virtual discussion with Joe Cohn, a strong advocate for the adult industry’s rights who is running for Congress in November.

Art Short 'The Porn Selector' Starring Kasey Warner Premieres at MoMA

“The Porn Selector,” a short film directed by the queer French visual artist and filmmaker Lou Fauroux and starring adult performer Kasey Warner, premiered earlier this month at the Museum of Modern Art (MoMA) in New York.

Show More