Volume 23, Issue 1: Adult Entertainment

Articles

Fighting the Pornification of America by Enforcing Obscenity Laws

Sen. Orrin G. Hatch

Today, pornography has become ubiquitous. As a result, limiting pornography’s negative impact on individuals, families, and communities requires a comprehensive approach. This Article focuses on what both the federal and state government can do as part of the solution and contends that the government can enforce existing laws that prohibit obscenity, a defined category of pornography that is not protected by the Constitution.  Read more about Fighting the Pornification of America by Enforcing Obscenity Laws

  • January 2012
  • 23 Stan.L.& Pol'y Rev. 1
  • Article

The Secondary-Effects Doctrine: Stripping Away First Amendment Freedoms

Regarding the secondary-effects doctrine, the doctrine is the principle tool that enables government officials to regulate adult-oriented expressions with greater ease. In essence, the doctrine lowers the level of applicable judicial scrutiny for regulations that appear to target unfavorable expression. The U.S. Supreme Court has recognized that the First Amendment protects nude dancing and other forms of adult-oriented expression and has used the secondary-effects doctrine to limit such expression. This Article focuses on the fact that the U.S. Read more about The Secondary-Effects Doctrine: Stripping Away First Amendment Freedoms

  • January 2012
  • 23 Stan.L.& Pol'y Rev. 19
  • Article

The Obscenity Conundrum, Contingent Harms, and Constitutional Consistency

This Article addresses the intersection between law and science as they relate to the regulation of “hard-core” pornography under obscenity doctrine. In Part I, we review Frederick Schauer’s argument that beneath “all of the words of Roth, Miller, and Paris is the assumption that hardcore photography is sex.” In Part II, we survey the “moral” dilemma regarding the constitutional sensibility of regulating obscenity apart from the appearance of tangible social consequences, including the lesson Lawrence v. Texas. Read more about The Obscenity Conundrum, Contingent Harms, and Constitutional Consistency

  • January 2012
  • 23 Stan.L.& Pol'y Rev. 31
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ICANN, the ".xxx" Debate, and Antitrust: The Adult Internet Industry's Next Challenge

As a nation, the United States has prospered on the principle that the government should not repress a particular subject matter or unduly impede legally compliant commerce. This Article will focus not on regulation by traditional governmental authority, but rather from a private organization authorized to administer the vast Internet domain name system (DNS). Read more about ICANN, the ".xxx" Debate, and Antitrust: The Adult Internet Industry's Next Challenge

  • January 2012
  • 23 Stan.L.& Pol'y Rev. 101
  • Article

Sex Exceptionalism in Intellectual Property

Sex has long played a role in determining the scope of IP protection, especially in the context of copyright and trademark law. At common law, works, inventions, and marks deemed sexually explicit or simply suggestive were denied the protection of the law. This Article considers trademark law’s explicit and implicit disfavoring of sexual content, copyright law’s putative move toward treating sexual content like all other content and ultimately critique the law’s treatment of sex. Read more about Sex Exceptionalism in Intellectual Property

  • January 2012
  • 23 Stan.L.& Pol'y Rev. 119
  • Article

Shooting the Messenger: An Analysis of Theories of Criminal Liability Used Against Adult-Themed Online Service Providers

Lawrence G. Walters

Since the inception of the Internet, Congress has attempted to keep pace with technological developments in cyberspace. Unfortunately, the U.S. is infamous for its tendency to lag behind technology at an embarrassing rate. Currently, issues relating to “online service providers,” such as “tube sites” based on user-generated material, are circulating in lower courts. This Article seeks to explore the relatively unmapped territory of potential liability for OSPs providing online access to adult content submitted by their third-party users. Read more about Shooting the Messenger: An Analysis of Theories of Criminal Liability Used Against Adult-Themed Online Service Providers

  • January 2012
  • 23 Stan.L.& Pol'y Rev. 171
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An Analysis of Potential Liability Within the Adult Film Industry Stemming from Industry Practices Related to Sexually Transmitted Infections

In only just a few decades, the adult film industry has become ubiquitous. In the process, widespread employment practices within the industry violate a number of California laws and regulations, exposing performers to sexually transmitted infections and the risk of privacy breaches, while exposing the industry to significant potential liability. Despite this, lawsuits brought by performers in connection with industry health practices are extremely rare. Read more about An Analysis of Potential Liability Within the Adult Film Industry Stemming from Industry Practices Related to Sexually Transmitted Infections

  • January 2012
  • 23 Stan.L.& Pol'y Rev. 213
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"[A]nything That Forces Itself into My Vagina Is by Definition Raping Me..."—Adult Film Performers and Occupational Safety and Health

Chauntelle Anne Tibbals

Recently, tensions between state occupational safety and health regulations and adult content production practices have given rise to what has colloquially come to be known as “the condom debate.” The condom debate is extremely complex, with existing law, market demands, industry viability and profitability, and first amendment-related issues providing fodder for endless discussion. Two of the most vocal entities contributing to the condom debate today are adult industry leaders and producers and California’s Occupational Safety and Health Administration. Read more about "[A]nything That Forces Itself into My Vagina Is by Definition Raping Me..."—Adult Film Performers and Occupational Safety and Health

  • January 2012
  • 23 Stan.L.& Pol'y Rev. 231
  • Article

Trouble in Sin City: Protecting Sexy Workers' Civil Rights

Today, Las Vegas, increasingly relies on selling sex appeal to promote its value to the public, has become the number one adult entertainment destination in the United States. This Article examines the legal issues surrounding the hyper-sexualization of women workers in the casinos, with an emphasis on women workers’ legal rights to be free of sex discrimination and sexual harassment on the casino floor, in the pleasure pits, in the pool clubs, and in the nightclubs. Read more about Trouble in Sin City: Protecting Sexy Workers' Civil Rights

  • January 2012
  • 23 Stan.L.& Pol'y Rev. 253
  • Article