Quote:
Originally Posted by CyberSEO
I didn't get it. Is filming in porn (for money) and doing prostitution isn't the same thing?
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Miller V CA - it's a law that invented "porn vallery":
Most distributors of pornography would express shock at the prospect of being prosecuted for promoting prostitution. Under Miller v. California, as long as a work, taken as a whole, has "serious literary, artistic, political, or scientific value," the First Amendment protects its distribution. Given this legal principle, how could pornography be criminal, in the way that prostitution is?
The process of filming and distributing pornography is considered protected speech, under the Supreme Court's First Amendment precedents. However, the First Amendment does not insulate the commission of crime from prosecution just because someone with a camera records the crime and intends to sell that recording to customers.