Rob Black talked about an article published in the Miami New Times Wednesday night on his show www.therobblackshow.com

The article can be seen here: www.miaminewtimes.com/2013-10-10/news/porn-illegal-florida/

“The Miami New Times did an article and it looks at the production of pornography in Florida and whether it’s legal or not. I read this on AVN this morning.”

“Michael Weinstein and the AIDS Healthcare Foundation talk about shooting in Florida and shooting in California and if it’s considered prostitution.”

They called Diane Duke of Free Speech Coalition:

‘Weinstein has been running around screaming that it’s not legal, but that’s ridiculous,” says Diane Duke, chief executive officer for the Free Speech Coalition, a nonprofit representing the adult film industry. “While New Hampshire and California have been proactive in [protecting porn production], it doesn’t mean it’s illegal in the rest of the states.’

“OK. That’s a lie. I’d like to know what legal school Diane Duke graduated from. Or is she getting expert scholarly advice from Jeffrey Douglas or Michael Fattorosi or Alan Gelbardt? What Supreme Court rulings have now made some forms or pornography legal in some sates and not in others? I never knew Justice Scalia legalized pandering. I’ve only heard of the Miller test that is supposed to define obscenity. Now Justices are talking about pimps and moviemaking? This is news to me.”

It goes on to say

‘Legal scholars tend to agree, but the issue is sloppier than either side admits.’

“And then this legal scholar Mary Anne Franks is cited by the magazine. I mean the law is the law but everyone’s trying to play this little First Amendment issue and it doesn’t fucking pertain to any of this.”

“Prostitution is prostitution and unless you have a legal precedent like the Freeman decision in California, filming porno is against the fucking law in Florida. Anyone who tells you different is a fucking liar.”

“I guess scholar Mary Anne Frank is where they’re getting their legal opinions from. She’s about as much a legal scholar as that Hugo Schwyzer guy who was fucking his students with James Deen at Pasadena City College. The professor and legal scholar doubleteaming college kids with James Deen. It all makes sense now.”

“So you have Diane Duke lying, and these “scholars” and you listen to what they’re saying and it’s all subjective and all of of sudden pandering laws are subjective according to people.”

“So they’re admitting ‘Yeah, you could go to jail, but who’s gonna do that?”

Then Franks says:

“By holding that at least some pornography is protected by the First Amendment, the Supreme Court has implicitly declared that the performance of sex for money that occurs in pornography is different from the performance of sex for money in prostitution,” Franks told the Times.”

She added, “It hasn’t addressed this distinction explicitly, however, and the few lower courts that have done so resort to some fairly convoluted reasoning to reach their conclusions. The distinction seemingly turns on the fact that prostitution is a bilateral exchange of sex for money, making the physical act of sex the ‘product,’ while in the production of pornography, the ‘product’ is the recorded act of sex.”
When pushed on the point she concedes that basically the distinction is arbitrary and doesn’t hold up to legal analysis

“Really? DUUHHH!”

When pushed on that point, she concedes, “”Basically, the distinction is arbitrary and doesn’t hold up to legal analysis. But there doesn’t seem to be any political or legal will to acknowledge that. My theory is that this is the case because the porn industry is so lucrative and so powerful.”

“Can you fucking believe this?”

She goes on,

And popular: “Consuming porn,” she adds, “is too much an accepted part of our culture for any real threat against it to survive.”

‘From wherever you are in the country, you should be able to see the steam bellowing from Weinstein’s ears in reaction to one Florida law professor’s evaluation of the situation. Not that it will deter him…’

“What moron wrote this? Oh of course. It’s the AVN Staff, because no one wants to put their name on this.”

“California and New Hampshire are the only places where shooting porn is legal. And Diane Duke is supposed to be an educated woman.”

“Most states know when you do a Backpage ad and a girl shows up and you go here’s five dollars and you fuck with a camcorder it’s prostitution.”

“So there you go. Once again Diane Duke opening her mouth and lying. Making our industry look stupid as always.”

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