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Business Insider: LA County Might Not Actually Be Able To Force Porn Stars To Wear Condoms

from www.businessinsider.com – The porn industry is already fighting back against a new LA County ordinance that forces its stars to wrap it up during shoots.

Measure B requires all porn actors to wear a condom and producers to get a permit to shoot raunchy scenes.

But porn stars and producers claim the industry already does plenty to keep actors safe so the condom requirement isn’t necessary and will ruin films’ authenticity.

The Free Speech Coalition sent a letter last week to the LA County Board of Supervisors declaring its plans to legally challenge the measure, AVN reported at the time.

“We believe that the law is not only unconstitutional on the grounds of forced expression, but also falls within the jurisdiction of the state of California rather than local government,” Free Speech Coalition CEO Diane Duke wrote. “Therefore, we will file suit and challenge this intolerable law in court.”

And the coalition might actually stand a chance.

Measure B could be seen as a restriction on filmmakers’ expression, meaning the new statute violates the First Amendment.

“It has long been established that sexual speech that is neither obscene nor subject to some other legitimate proscription is fully protected by the First Amendment,” Antonio Hayes wrote for Verdict.

“Thus, requiring pornographic films to include condoms might be a content-based distinction with regard to that speech.”

But if Measure B supporters can prove the industry actually is unsafe and riddled with STDs, the public health concerns might override any First Amendment concerns, ThinkProgress reported Tuesday.

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