"In the context of advertising activities that might be illegal, the United States Supreme Court has held that the First Amendment protects commercial speech about a product or service that is within the government’s power to otherwise completely ban, such as gambling activities[3]. Thus, while gambling may itself be illegal, advertising that activity cannot be completely banned."


this means that you girls can advertise terms like 'full service', 'bj', 'bbbj', 'doggie', 'cim' and all the other goods we clients like without worrying about breaking the law!

would make my search a whole lot easier let me tell you

This post illustrates the problem of lay persons evaluating legal writing.  Sometimes it takes attorneys several readings to figure out what another attorney is trying to say.  And, some people who managed to pass a bar examination are less talented than others who did.

What is the title of his article?
"Advertising Online Escorts – Analyzing the Legal Issues"

He does NOT describe his article as, for example,
"How to legally advertise your sexual services", which is what your post implies.

While he ends the article with the heading "conclusion", it contains nothing more than vagaries:

"However, by implementing some simple protective measures, and paying attention to the legal details, potential exposure can be minimized. As with all areas of developing Internet law, legal precedent is far from being set. By taking a few common sense precautions, risks can be reduced to a more acceptable level."

Obviously, those sentences offer no guidelines how to advertise an illegal activity and stay within the law.

CONCLUSION: Be careful about following posts made here.  The only non-attorney poster who (usually) states he is not an attorney is mrfisher.  While experienced attorneys can often figure out which posters do not have legal training and experience, many lay people may not be able to do so.

thanks for the reply but I don't think I understood your post exactly. In case you're thinking I'm an attorney or am associated with the attornie's at the article's site, I'm not.

I found the article while surfing the web and felt the providers here might like a read.

thanks

Though I wonder:

For all the debate and attention providers give to the question of how to parse the verbiage on their sites and other advertising, is there a documented case in all of the legal proceedings where such verbiage was entered into testimony and used to secure a conviction?

If so, I bet it is a rare occurence as I don't recall any reference to same from five years worth of perusing this board.

It would seem to be much ado over nothing.

(still not a lawyer)

The First Amendment does not protect the advertising of illegal activity. In fact, the very first inquiry as to whether commercial speech is protected is whether the underlying activity is illegal.

By the OP's reasoning, you could advertise hit man services.

     Advertising specific sexual services is certainly illegal in states that prohibit such ads like Nevada, and  violates solicitation statutes in all states except those (if any) that do not consider an offer to the world to be a violation of the statute.

     The quote that the OP has plucked from the website is poorly phrased and indicates the author does not really understand the law. It would only be accurate with respect to advertising gambling in a state where gambling is legal - the FCC ban cannot apply here - a very different situation.

well if that's true ter moderator might want to take this post down so newbie providers don't get the wrong idea and get themselves into trouble with the law as a result of it. Though I don't think they'll be silly enough to advertise illegal services thinking the good old first amendment will protect them but you never know.

sorry ladies

screw you ThePeopleRule for talking to me like that

btw, if you are not allowed to advertise things that are otherwise illegal in someplaces than how do you explain all those gambling sites and the mag 'high times', huh?

marijuana is illegal here in the us, is it not?

yet high times even contains ads of sites selling weed and weed seeds to grow?

last I checked it was illegal to even posses marijuana plant seeds

why haven't they been shut down?

last I checked they've been in business for the last decade ... and their is NOTHING discreet going on over there

so while you may THINK it is illegal to advertise terms like BBJ, FS (which are very discreet terms which DO NOT technically mean SEX FOR SELL) JUST MAYBE the author of the article I posted here made a perfectly valid point.

if it wasn't for the lack of legal knowledge (and fear) most
providers might have regarding advertising their services even in these most discreet terms they would probably begin to advertise them in these terms since all hobbyist would understand them AND
they would NOT technically be advertising SEX FOR SELL messages since terms like full service, bbbj, cim could mean ANYTHING.

So what if LE knows what those terms means. if what the author said was true, which it made good sense it did (AND YES, I VERY MUCH UNDERSTOOD WHAT HE WROTE) there's more incriminating evidence here on TER about providers written by hobbist/reviews  than on ANY escort ad I've seen so if ter can do it so can providers.

thank you.