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Give Your Attorney Something to Work With
by A.J. Comparetto - www.adultfilmmaking.com

"Hold on…there is no end to the First Amendment, you say? Well many adult entertainment businessmen making adult movies, films and videos believe that the First Amendment gives them blanket protection to do pretty much anything. Lately we have seen an ever-increasing amount of what we can generically call “extreme porn” - porn that is continuously pushing this First Amendment line."

A lot of adult content on the Internet is delivered in clips or small pieces without a larger work to put the content into some kind of context that will ensure adequate First Amendment protections. Attorney A.J. Comparetto offers some advice to adult Webmasters: give your attorney something that he or she can use to defend your work should it ever be challenged in court as obscene. Providing some socially redeeming quality to your content will help protect you from a jury of soccer moms who aren’t themselves fans of erotic entertainment.

In my years of representing adult entertainment clients, I have reviewed hundreds of Web sites and adult video titles. Most of the Web sites I have reviewed have had problems, but problems that the Webmasters quickly corrected. Most adult video titles that I have reviewed have been easily covered by our First Amendment protections on Free Speech. Yet I do have to tell you that with the “new wave” of content producers and Webmasters, fueled largely by the Internet, I am starting to see the end of the line for First Amendment protections.

Hold on…there is no end to the First Amendment, you say? Well many adult entertainment businessmen believe that the First Amendment gives them blanket protection to do pretty much anything on their Web sites. Lately we have seen an ever-increasing amount of what we can generically call “extreme porn” - porn that is continuously pushing this First Amendment line.

"TRIAL BY SOCCER MOM"

Let’s give what I call the Soccer Mom Example. I call it the “Soccer Mom Example” because if it ever hits the fan, there will be at least one soccer mom on the jury and you will have to justify your adult content to her.

Recently, an attorney friend of mine sent me a file-sharing clip that he found on the Kazaa peer-to-peer network. He asked me, in his email, how in the world I could find a legal way to defend this type of video content. This attorney is a well-known criminal attorney who is familiar with and sympathetic to the adult movie making industry. He told me that nine out of ten juries that he had tried cases in front of would probably convict a person who sold this type of content. What was shown on the clip?

* A couple appears to be having sex.
* The sexual content is heterosexual anal sex.
* While having anal sex, the girl is wearing a medical mouth-spreading device.
* Her partner pushes her head into a toilet bowl.

I told my friend that I could not tell him how I would defend this video clip because I did not know if there were other parts of the video that put this scene in context to a story. I told him that there might be other parts of the video that would make the video socially redeeming, artistic etc. I told him that if there were other parts of this story that the whole work may be protected under the First Amendment, but that the clip in isolation looked pretty damn bad.

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"THROUGH THE EYES OF A JURY"

His reaction? “Exactly, and that is how juries look at things.” He told me that the prosecution would find the worst first part of the work and show that first to the jury. We kept talking and we were pretty much in agreement that if a jury saw this clip in isolation that it would be a hard battle to avoid a conviction. So let’s get away from the negative side and show how you can prevent the soccer moms of the world from attacking your Web site’s content.

First Amendment protection generally requires you to do something more than just shoot pictures of a girl with her ass in the air having sex. You have to put thought into your content and give it something that makes the work as a whole not obscene. When I have reviewed adult content and videos from people who are veterans in the business I found that they used the following techniques to reduce the risk of obscenity:

* Storylines.
* Satire.
* Comedy.
* Fantasy.

So always give your attorney something that he can hold his hat on to say that your work has not hit the end of the line in terms of First Amendment protection. Always remember you may have to justify your adult content to at least one soccer mom, so give her something she can hold her hat onto as well.

Only read this if you are serious about making adult films, videos, and movies.

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