'Condom free speech' appeal dismissed
The pornographic film industry has been hit with a number of issues in the last few years. The rise of the internet has interfered with all of our sex lives, including the way we watch porn, so adult film producers have been forced to compete with more free online content than most of us are comfortable with!
However, one change has been welcomed by most people interested in safe sex: Measure B. This is a US law, brought into effect in November 2012, that makes it a legal requirement for actors to wear condoms in porn films. Despite this law being in place to protect the performers, the adult film industry has been up in arms about it!
However, it has just lost an appeal on the matter. The adult film industry argued that Measure B was a violation of the guarantee of free expression in the US constitution's First Amendment, but to no avail. The appeal was dismissed on Monday (December 15th).
The industry claimed that the law prevented them from creating pornographic films that depicted consequence-free sex, where participants did not have to worry about sexually-transmitted diseases or pregnancy. This, they argued, violated their rights to free speech and free expression.
Unfortunately for the adult film industry, the federal appeals court did not agree. Judge Susan Graber, of the three-judge panel that delivered the verdict, said: "We agree with the district court that whatever unique message plaintiffs might intend to convey by depicting condomless sex, it is unlikely that viewers of adult films will understand that message."
This ruling was applauded by a number of organisations, most notably the Aids Healthcare Foundation. This charity said that the ruling would help protect the actors from the danger of contracting HIV.
Condoms are the most effective prevention for sexually-transmitted diseases like HIV. While the adult film industry has argued that it has preventative measures in place to protect its actors, there are few things that work as well as a simple condom!