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Prostitution
Vs. Porn
A turnabout legal strategy is being employed
by the defense attorneys for Jenny Paulino, the so-called “Million-dollar
Madam” recently arrested for running a high-priced escort service
in Manhattan. Paulino’s attorney, Gerald Lefcourt, says that that
cracking down on escort services is unconstitutional because media
companies have been allowed to produce adult entertainment unchecked.
“Promoting prostitution is paying someone to have sex,” said Lefcourt.
“Time
Warner and the others who have adult channels pay people to have
sex so they can film it and show it, but they’re not being prosecuted.”
Whether this argument will fly in New York is unknown. However,
in California, heartland of adult video entertainment, a ruling
by the California Supreme Court in the pivotal Harold Freeman
case (1988) held that pandering laws do not apply “to the conduct
involved in the payment of wages to actresses performing lawful
sexual acts in the making of a motion picture that was not determined
to be obscene.”
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