Prostitution is illegal but porn acting is not?
December 22, 2003 8:02 AM   Subscribe

Why is being paid for prostitution illegal but being paid to appear in pornography legal?
posted by item to Law & Government (10 answers total) 1 user marked this as a favorite

 
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.
posted by Dr_Octavius at 8:15 AM on December 22, 2003


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.
posted by jessamyn at 8:25 AM on December 22, 2003


“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
posted by matteo at 8:32 AM on December 22, 2003


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.
posted by skynxnex at 8:40 AM on December 22, 2003


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.
posted by eastlakestandard at 8:52 AM on December 22, 2003


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.
posted by twine42 at 9:22 AM on December 22, 2003


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.
posted by WolfDaddy at 10:04 AM on December 22, 2003


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.
posted by stupidsexyFlanders at 12:02 PM on December 22, 2003


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.
posted by NortonDC at 5:28 PM on December 22, 2003


Is it possible its because film makers have more political influence? Or is this argument the wrong way round?
posted by biffa at 4:09 AM on December 23, 2003


« Older How should I prepare for a trip to Fiji?   |   Thief 3 Release Date Newer »
This thread is closed to new comments.