Delivering Weekly Censorship Updates to the Adult Entertainment Industry
Vol. X, No. 15, April 20, 2007 - A Member Service of the Free Speech Coalition Free Speech X-press is researched and edited by Scott Ross.
Copyright 2007 Free Speech Coalition. Permission to reprint granted to FSC members; please give credit.
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FSC Files Motion to Clarify Recent 2257 Order
CANOGA PARK, CA - The Free Speech Coalition filed a motion with a federal court last week seeking clarification and modification of a recent judicial order concerning the organization’s legal battle against 2257 regulations.
The motion seeks to clarify an interim decision on the 2257 litigation issued by Colorado Federal District Court Judge Walker Miller at the end of March that covered several aspects of the case, including the proper types of ID necessary for foreign performers and how the record-keeping laws apply to “secondary producers.”
"Judge Miller has not amended or vacated the preliminary injunction entered in December of 2005," explained Reed Lee, Free Speech Coalition (FSC) Board member and President of the First Amendment Lawyers Association.
"As to ‘secondary producers’ and all other matters addressed, it remains in full force and effect unless and until he does so or until he enters a final order in the case. That is not likely to happen soon,” Reed said. “In the meantime, if the government moves to vacate a portion of that injunction, FSC is prepared to move that it be expanded. We should have a better idea about the timing and direction of the 2257 litigation after the April 25 status hearing."
Additionally, in response to a joint request by FSC and the Government, Judge Miller has agreed to hold a status conference to consider scheduling further proceedings in the case. Further litigation will take account of the changes that Congress made to the statutory record-keeping scheme last July. The status conference is scheduled to take place on April 25.
"FSC will continue to provide regular updates on the status of 2257 as the case unfolds through our weekly XPRESS newsletter, e-mail alerts, and posting on our websites," said Diane Duke, FSC Executive Director. "We are committed to providing accurate, up-to-date information to our members and the industry."
http://avn.com/index_cache.php?Primary_Navigation=Articles&Action=View_Article&Content_ID=287340
Google Protests Utah Keyword Law Unconstitutional
SALT LAKE CITY, UT - Google officials have complained that a new Utah state law that curbs keyword-triggered advertising is unconstitutional on First Amendment grounds, and warned that the law would likely be challenged in court.
"This law hurts consumers, violates free speech, and is inconsistent with both established U.S. trademark law and our capitalist system," Google spokesman Adam Kovacevich said in an e-mail to The Salt Lake Tribune.
The law, named the Trademark Protection Act (TPA), initially was doubted to pass, because of the possibility of litigation. But it showed up late in the Utah Legislature’s session and passed with almost no opposition. Unless a special session surfaces or a court injunction is placed, the law will take effect June 30th.
The TPA was created by Unspam Technologies CEO Matthew Prince, the creator of Utah’s controversial state child-protection registry, which requires adult companies to submit their email lists to be "scrubbed" of e-mail addresses to which minors could have access. The Free Speech Coalition currently is challenging the registry in court.
Google did not confirm it would be the one to bring the law to court, but company officials did promise to work with other Internet companies to show Utah officials why the law hurts consumers, violates free speech and is inconsistent with both established U.S. trademark law and the U.S. capitalist system.
Though Google fell short of promising to offer a legal challenge to the law themselves, if litigation does occur, it shouldn’t surprise Utah legislators as they were warned by their own lawyers that the law the Trademark Protection Act had a "high probability of being found unconstitutional," according to the Tribune.
The law would work like this: companies that register trademarks in Utah will be protected from competitors looking to buy the right to get a sponsored link to show up right above the search results, from a keyword you put in the search box.
By way of example, the Tribune notes that, if you type Overstock.com into Google's search engine, you will get sponsored links to SmartBargains.com, Buy.com and Webspawner.com. The new law would allow Overstock to sue the search engine and the competitor if such ads do show up in Utah-based Internet searches.
“Competition, which generally helps lower prices and benefits consumers, is fueled in part by companies being able to use advertising to draw contrasts with their competitors," Kovacevich said.
But Rep. David Clark, R-Santa Clara, Utah, the House sponsor of the law, argues that the law "places Utah in the front of the pack of U.S. states in trademark protection…I'm sorry they feel it's still the Wild West on the Internet," he said of Google and bloggers who have been blasting the law.
http://origin.sltrib.com/technology/ci_5648312
Judge Calls for Hearing on Virginian Adult Retailer
NORTH STAFFORD, VA - Stafford County Circuit Judge J. Martin Bass has ordered a full hearing in a lawsuit seeking to close a local adult bookstore. A neighboring business, Rappahannock Goodwill Industries, sued the owners of Pheromoans and its landlord in November.
While county laws do not contain zoning restrictions over where adult stores can and cannot be located, the shopping center’s developer listed 30 types of banned businesses — including sex shops — in a legally binding agreement, according to the Free Lance-Star, a local newspaper.
Pheromoans attorney Rachel Goldstein said her client was not aware of the banned business covenant before it signed the lease and that the case should be dismissed. Goldstein maintains that the list of banned businesses was not disclosed during Pheromoans’ lease negotiations.
Goldstein asked Judge Bass to reconsider a ruling handed down by the Virginia Supreme Court in the 1950s that said tenants are responsible for knowing lease restrictions before signing. She wants the burden to be reversed.
“Landlords are certainly in a better position to make them aware of covenants on the land,” Goldstein told the Free Lance-Star.
A date for the judge’s hearing was not set.
In a separate case, the two owners of Pheromoans, Lesley Mason and Meagan Pacheco, were indicted on three misdemeanor obscenity charges in November. Stafford County has not pursued an obscenity case since the 1980s, and a trial is expected to commence in June.
http://www.fredericksburg.com/News/FLS/2007/042007/04102007/274248
Indiana court rules in favor of student who published MySpace.com page
INDIANAPOLIS, IN - An angry, obscenity-laden Internet rant by a local middle school student aimed at her principle has been ruled as constitutionally protected by the Indiana Court of Appeals.
The student, only known as A.B., was sentenced to nine months probation for obscenity charges stemming vulgar comments she posted on the popular social networking Web site MySpace, but according to a recent report, the court has now ruled that the free speech rights of the girl were violated with that punishment.
In February 2006, Greencastle Middle School Principal Shawn Gobert discovered comments that he did not write that were attributed to him on MySpace, a popular social networking Web site. The vulgar comments were postings from A.B. on the MySpace page of another unidentified student that were critical of the school’s policy prohibiting body piercings.
“It is clear that school authorities are state actors for purposes of freedom of expression and, as such, are subject to the commands of the First Amendment,” Judge Patricia Riley wrote in the 10-page opinion. “A.B. openly criticizes Gobert’s imposed school policy on decorative body piercings and forcefully indicates her displeasure with it.”
“While we have little regard for A.B.’s use of vulgar epithets, we conclude that her overall message constitutes political speech.”
The state filed a delinquency petition in March alleging that A.B.’s acts would have been harassment, identity theft and identity deception if committed by an adult, according to the Associated Press. The juvenile court dropped most of the charges, but in June found A.B. to be a delinquent child and placed her on nine months of probation after ruling the comments were obscene.
But A.B. appealed, contending that her comments were political speech protected by federal and state laws because they concerned school policy.
In reversing the student’s conviction, the Court of Appeals found that the comments were protected under the free expression provision of the Indiana Constitution, ruling that the juvenile court unconstitutionally suppressed her right of free expression.
“We find that there is insufficient evidence to support that A.B.’s adjucation of harassment based on her posted message...is consistent with her right to free speech,” according to the decision. “Therefore, we hold that A.B.’s conviction for harassment contravened her right to speak, as guaranteed by the Indiana Constitution.”
http://www.splc.org/newsflash.asp?id=1501&year=
Attacking Adult Entertainment
By Matt Gray
SACRAMENTO, CA - The adult entertainment industry is again under attack as California State Assemblyman Chuck Calderon (D-Whittier), authored legislation this week to propose a tax upon the industry and publicly declare that adult entertainment harbors criminal activities and causes adverse effects on local property values.
Assembly Bill 1551, as amended, creates the “Adult Entertainment Venue Tax” which seeks to tax the sale, storage, use, or other consumption of adult materials – including live performances – as well as businesses, to fund programs which address criminal activity.
The legislation relies heavily upon unfounded secondary effects claims that the industry contributes to decreased property values, illegal sales of controlled substances, prostitution, and crimes against women and children.
AB 1551 seems fraught with constitutional problems, and irresponsibly promotes a number of myths which are refuted by case law and nearly two dozen independent secondary effects studies. In fact, the evidence shows property values around adult businesses are not adversely impacted. In fact, you are safer having an adult nightclub in your neighborhood than you are with a convenience store or gas station. Beyond that, taxing non-violent material depicting consensual sexual activity, or material which merely depicts nudity, is irrational and overbroad. As written, FSC contends that the measure is unconstitutional.
But that may not be enough. Lawmakers seem content to ‘let the courts figure it out’ and have been known to support the creation of unconstitutional laws.
This type of ill-informed and irresponsible legislation is precisely why Free Speech Coalition sponsors a “Celebrate Free Speech Lobbying Days” event each year. Lawmakers, in general, simply do not understand the industry, have no first-hand knowledge of what is myth and what is truth, and are left to their own imaginations as to what really goes on.
If you care about freedom of expression, and if you care about continuing to do business in California, I very strongly encourage you to make some time to come up to Sacramento on April 22-23, to join with the Free Speech Coalition in protecting your industry through direct lobbying. Reserve your seat at the Celebrate Free Speech Lobbying Days event and make your presence known at the Capitol building in Sacramento – show them you care enough to show up and be heard. To reserve your spot, email support@freespeechcoalition.com with your full contact information.
AB 1551 has not yet been set for its first policy committee hearing, but it is expected to be heard in the Assembly Committee on Arts, Entertainments, Sports, Tourism, and Internet Media on May 1st. Concerned industry professionals can also write letters of opposition to AB 1551 and send them to: The Hon. Chuck Calderon, Member of the State Assembly, State Capitol, Sacramento, CA 95814. Telephone: 916-319-2058, Fax: 916-319-2158
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Matt Gray is a senior lobbyist for Capital Alliance, a Sacramento based lobbying and government strategies firm. He can be reached at 916-444-5551, or by e-mail: matt@thecapitalalliance.com
Cybernet Expo Celebrates its 10th Anniversary
Cybernet Expo is an annual international tradeshow designed exclusively for online business professionals. The focus of Cybernet Expo is the lucrative adult Internet industry, making this an ideal event for webmasters, online marketers, talent, technology professionals and anyone else with an interest in participating in this rewarding field. Opportunities at Cybernet Expo include daily informative seminars featuring speakers chosen from the industry's most knowledgeable people including the Free Speech Coalition, presentations from the most successful companies in the adult Internet segment, plus business-friendly parties and special events where you can network with the industry's decision makers and build lasting relationships. This year's Cybernet Expo will take place at the Hilton Westshore in beautiful Tampa Bay, Florida, June 7-10, 2007. Advance Registration for show attendees is now open, at a discount rate of $159 and our special hotel room reservation rate is only $139 (plus tax) per night while they last. Please visit http://www.cybernetexpo.com and join us in our 10th successful year!
Email Xpress@freespeechcoalition.com for more information.
Because of 2257 litigation, it's critical that we have your company's information complete in our database. Are you SURE your company's information is complete? Email UpdateInfo@FreeSpeechCoalition.com to update your company's information now.
NOTE: The data we're tracking, related to 2257, has changed. Please update NOW.
APR 16-18 - International Lingerie Show, Las Vegas
APR 21-22 - ACE of California - Ace Hight Poker Party, Los Angeles, CA
APR 23 - California Lobby Day, Sacramento, CA
MAY 11-13 - Sex and So Much More Show, Phoenix
JUNE 7-10 - Cybernet Expo, Tampa Bay, Florida JUNE 22-24 - Erotica L.A., Los Angeles Convention Center
AUGUST 27-30 - Annual Gentlemen's Club Owners Expo, Las Vegas, NV
AUGUST 27-30 - STOREROTICA Convention and Tradeshow, Las Vegas, NV
SEPT 21-23 - ADULTCON, Los Angeles Convention Center
When I'm god, I'm very good, but...when I'm bad, I'm better.
-- Mae West
Highly developed spirits often encounter resistance from mediocre minds.
-- Albert Einstein
