Comments on: Prostitution is illegal but porn acting is not?

Question: Prostitution is illegal but porn acting is not?

Item — Mon, 22 Dec 2003 08:02:54 -0800

Why is being paid for prostitution illegal but being paid to appear in pornography legal?

By: Dr_Octavius

Dr_Octavius — Mon, 22 Dec 2003 08:15:19 -0800

My guess is, in one you are being paid for sex and in the other you are being paid to "act" in a movie (that just happens to have sex in it). Ahh the subtleties of law.

By: jessamyn

jessamyn — Mon, 22 Dec 2003 08:25:40 -0800

here's advice and info from another peanut gallery, also some information from the Straight Dope regarding prostitution specifically. the upshot seems to have to do with different kinds of contracts and in the US, contracting for sex is illegal no matter what, apparently.

By: matteo

matteo — Mon, 22 Dec 2003 08:32:53 -0800

"The way I look at it is this is kind of an art to me. I'm performing. I'm not doing it for the gratification of another man," says Jameson. "I'm doing it because this is my job and I'm entertaining the masses. So it's just like being Julia Roberts, but just a little bit further, one step further."

-- Jenna Jameson

By: skynxnex

skynxnex — Mon, 22 Dec 2003 08:40:48 -0800

In America, most porn has a disclaimer saying that it has a useful value and doesn't appeal to anything American's don't like. I'm pretty sure that's because the supreme Court decided that porn is considered "speech", and thus protected by the first amendment if it has some artistic or useful merit. I guess the argument against prostitution is that there is no "speech" going on, just sex, and so it can be controlled in addition ways. Of course, there is a new push again in the US to attempt to say that porn doesn't qualify as speech, and thus shouldn't be given first amendment protection.

By: eastlakestandard

eastlakestandard — Mon, 22 Dec 2003 08:52:03 -0800

Here's my guess, Porn actors aren't getting paid for sex--they are getting paid for signing model release forms after somebody photographs them having sex.

By: twine42

twine42 — Mon, 22 Dec 2003 09:22:35 -0800

In the UK England are.

If you are a single female (or male) working out of a house relying purely on word of mouth to promote your 'job' then you are fine. As soon as you advertise or there are two of you working at the same address, you are in trouble.

By: WolfDaddy

WolfDaddy — Mon, 22 Dec 2003 10:04:28 -0800

I'm pretty sure that's because the supreme Court decided that porn is considered "speech"

This is why many pornographers list their job descriptions as "political activists" or "free speech advocates" rather than, you know, smut producers.

Not that I know (m)any pornographers.

By: stupidsexyFlanders

stupidsexyFlanders — Mon, 22 Dec 2003 12:02:28 -0800

Why is being paid for prostitution illegal but being paid to appear in pornography legal?

Because of the American strain of self-reliance. If you're going to pay for it, you're going to have to either work a little to get it -- dinner, a movie, maybe a chaste first date -- or else use your own hand. Anything easier is just wrong.

By: NortonDC

NortonDC — Mon, 22 Dec 2003 17:28:04 -0800

In prostitution, the john buys sex for his or her self. In porn, all the participants are being compensated, and no one is buying sex for themselves.

Or, put another way, prostitution couplings are buyer/seller in nature, whereas porn couplings are seller/seller.

By: biffa

biffa — Tue, 23 Dec 2003 04:09:33 -0800

Is it possible its because film makers have more political influence? Or is this argument the wrong way round?