porn

One reason people enjoy pornography (apart from the obvious benefit) is that it allows them to fantasize about activities in which they cannot or do not engage in their real sexual lives. One of those fantasies is sex sans protection: adult films almost exclusively feature actors having unprotected sex–something the AIDS Healthcare Foundation (AHF) wants to put a stop to for California adult film studios. The organization today will file a petition at the meeting of California Occupational Safety and Health Standards Board asking them to include a condom requirement in their rules applying to adult film workers.

Will this improve the rate of STD infection among adult film actors? For those who stay in CA and can find work, sure it probably will. But banning all porn would be even more effective, but it doesn’t mean we should do it.  Before adopting even more regulations for the industry I’d like to point out a few facts:

This is a form of censorship. Whether or not one considers pornography “art” it is a form of communication that the government should not be able to alter or censor in any way.

Allowing the government to regulate sexual activity among consenting adults, even if it is “acting” sets a very dangerous precedent. After all, what constitutes porn or a working environment? What if the “actors” are a husband and wife team with a home movie recorder or woman with a bedroom camera and her own pay-per-view website?  The government does not belong in our bedrooms, boardrooms, or studios.

Production companies could very easily leave California for nearby Nevada or other states with friendly regulations and taxation. Perhaps Delaware will be the new adult film capital of the world. Beyond the fact that it isn’t the place of government to legislate how private companies conduct their business, these regulations could drive away millions of dollars in tax revenue and jobs.

Of course porn actors have increased incidents of STDs. They have sex for a living! Expressing outrage over that fact is like being surprised that logger are more likely to lose limbs or postal workers are more likely to get paper cuts than the general public. The possibility of STDs goes along with the territory–it’s an occupational hazard, but one that actors and studios can and do mitigate against by upholding their own standards of testing and safety. It is telling that the AHF petition notes that multiple cases of STD transmission in the adult film industry occurs in the same people.

AHF claims that not forcing actors to wear condoms creates an unsafe working environment in violation of OSHA regulations. I was unable to obtain the list submitted by AHF of adult films they submitted as proof that CA’s porn industry creates an unsafe work environment for the actors…but I’m willing to bet that the these films violate a whole bevy of other OSHA regulations.

Trying to mandate how x-rated films are made is silly and won’t work, it will simply drive the studios to move out of the state.

Marginal Revolution’s Alex Tabarrok points to a proposed rule in California that would reclassify adult film actors as being subject to certain employment regulations. The unintended consequences are potentially fatal:

California’s anti-discrimination laws prohibit requiring an HIV test as a condition of employment; therefore the adult film industry’s current testing process, in which every performer is tested for HIV monthly, would be illegal. Nor would adult film producers be allowed to “discriminate” by refusing employment to HIV-positive performers. As a result, untested and HIV-positive performers would be able to work in the industry, raising the risks of HIV outbreaks–particularly since condom breakage or slippage can occur.

Sounds like regulators and activists need to think that one through a little more carefully.

Your faithful host Richard Morrison welcomes back special guest co-hosts William Yeatman and Michelle Minton for Episode 46 (listen HERE!). We start with the investors that are getting worked over by the politically-distorted bankruptcy of Chrysler, the ascension of the Swedish Pirate Party to the European Parliament and the Great Porn Wall of China. We then move on to proof that beer is better for you than water, a sign that airline travel may get more expensive, and an example of how voters deal with corrupt politicians. Finally, we wind things up with some very educational Olympic News.

My good friend and Bureaucrash ally Xaq Fixx recently altered me to an interesting story on the intersection of politics, technology and free speech. It seems that the state government of California, through the California Employment Training Panel, is paying contractors who train in-state workers in new skills – an effort to boost the Golden State’s notoriously sagging economy. Nothing too unusual there.

Enter SF Weekly’s Matt Smith, who noticed that the list of recipients of this state-subsidized training were employees of Cybernet Entertainment LLC. Cybernet in turn is the proprietor of a number of websites which feature videos catering to adult and, ah, highly specialized interests. Kinky but legal, in other words. Smith submitted a public records request regarding the company’s participation to the state, and received a reply to the effect that “the government had been unaware that Cybernet was in the business of narrowcasting videos depicting sexualized torture.”

Thus informed, however, officials at the Employment Training Panel promptly canceled Cybernet’s participation in the program, citing a policy of not working with the adult entertainment industry. The company’s COO Daniel Riedel, has vowed to fight the state to keep the subsidy. Interestingly, scribe Smith goes on to cite the possibility that denying participation in the program based on the content produced by Cybernet may violate the First Amendment:

Does the state’s refusal to train porn-makers violate constitutional free-speech guarantees? I’m not joking. Some serious and credible people says it’s worth considering whether it’s legal to deny training to porn workers merely because they film naked, shackled women with live electrodes clipped to their genitals.

Smith then goes on to cite experts from the California First Amendment Coalition and the UC Hastings College of the Law to the effect that there might, in fact, be a case here for Cybernet. And, of course, they have their natural allies within their own industry – porn titan Vivid Entertainment Group is also opposed to the decision.

So what do we think, OpenMarket readers? Assuming that there’s going to be an employment training subsidy program in place at all, should the people running it have discretion to deny participation to legal businesses because they don’t like the product being pedaled? Should vegan grant administrators, for example, be able to veto applications from meat processing plants, or Catholic administrators applications from health clinics that provide abortions? Tell us what you think in the comments section.