Chief 9th Judge Kozinski, 9th Circuit judge Graber, and Zouchary a visiting judge from the Ohio Northern District.
there are also two cases involving the NFL players association and a case involving Playboy!!
fun day at the 'ol court room
In the recent past there has been a debate between legal scholars about how the new condom law violate the first amendment, which is the position of Vivid in this litigation.
Below there are 4 different interventions in this debate, which is arcane for most people who are not into legal jargon and have no clues about the historical role of law in shaping the 'pornographic expression.'
Before taking side in one or the other argument, it will be useful to read some recent work that tackle the issue with a certain historical perspective. Below there are those that I got from some insiders who think hard about this issues.
Best,
BM
Elizabeth Sbardellati, Skin Flicks Without the Skin: Why Government Mandated Condom Use in Adult Films is a Violation of the First Amendment, 9 Nw. J. L. & Soc. Pol'y. 138 (2013).
Birkhold, Alexander S. "Poking Holes in LA's New Condom Requirement: Pornography, Barebacking, and Speech." Wash. UL Rev. 90 (2013): 1819-1819.
Ramos, Christopher A. "WRAPPED IN AMBIGUITY: ASSESSING THE EXPRESSIVENESS OF BAREBACK PORNOGRAPHY." New York University Law Review 88.5 (2013).
http://www.nyulawreview.org/sites/default/files/pdf/NYULawReview-88-5-Ramos.pdf
Tibbals, Chauntelle Anne. "When Law Moves Quicker than Culture: Key Jurisprudential Regulations Shaping the US Adult Content Production Industry." (2013).
http://heinonline.org/HOL/LandingPage?handle=hein.journals/schom15&div=13&id=&page=
-- Modified on 2/25/2014 8:23:54 AM
Thanks for posting the links to the four papers.
I had to find the link below to read the fourth paper because the URL provided appears to be a pay site that asks you to subscribe to access the paper. Definitely the most interesting of the four papers.
Mr. Birkhold's "Poking Holes" was the most entertaining. His argument on how the condom law failed the third test for a content-neutral standard had me rolling on the floor.
Thanks for posting the right link for Tibbals paper...
I agree, she write from 'inside' since she does lot of 'ethnographic research' on the adult industry...
You can follow her on Twitter, where she posts lots of links to interesting development with the adult industry, and read her blog on her site. Very informative and tacking all cutting edge issues in porn today.
Best regards,
BM
https://twitter.com/DrChauntelle