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 © 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 News

Hentaied Founder Romero 'Mr. Alien' on Fetish, Fantasy and Finding Order in Chaos

A sharp sting pierces the woman’s skin. Something foreign slips beneath the surface. Eggs, maybe. She doesn’t know it yet, but soon her body will become a vessel, a hive, a source of contamination.

AEBN Publishes Popular Searches for July, August

AEBN has published the top search terms for the months of July and August from its straight and gay theaters in all 50 states and the District of Columbia.

The Guardian Devotes Feature Article to XBIZ Amsterdam

British newspaper The Guardian sent a reporter to cover XBIZ Amsterdam earlier this month, resulting in a lengthy article about the annual European adult industry conference.

Bree Mills Unpacks Power, Pain and Family Ties in New Pure Taboo Film

Bell is shooting a scene for “The Secrets We Share,” a new feature from Pure Taboo and Adult Time — and moments like this remind the crew that they are not out to make just another adult movie.

Cubbi Thompson Stars in Latest From Brazzers

Cubbi Thompson stars with Keiran Lee in the latest release from Brazzers, titled "Slippery Business."

Pineapple Support Taps Char Borley as Brand Ambassador

Pineapple Support has named Char Borley as its newest brand ambassador.

Adult Time Drops Bree Mills' 'Hard Stop Reunion' Documentary, New Scene

Adult Time has released a documentary feature on the recent Bree Mills-helmed drama “Hard Stop” as well as a new cast orgy scene, titled “Hard Stop Reunion Orgy.”

Gal Ritchie Performs Her 1st Anal for Brazzers

Gal Ritchie performs her first anal scene alongside Ricky Johnson in the latest Brazzers release, titled “Say Hello to My Little Arsehole.”

Michigan Legislators Propose Online Porn Ban

Michigan lawmakers have introduced a bill that would make it illegal to distribute pornography via the internet in the state.

Florida AG Sues Aylo, Segpay Over State AV Law

Florida Attorney General James Uthmeier filed lawsuits against Aylo and Segpay on Monday with the 12th Judicial Circuit Court of Florida for noncompliance with HB3, the state's age verification law.

Show More