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-   -   Why is porn legal in the US? (http://www.gamingforce.org/forums/showthread.php?t=23419)

DarkMageOzzie Jul 17, 2007 12:39 AM

Why is porn legal in the US?
 
No, I'm not saying porn should be banned. But this thought just occured to me the other day. Prostitution is illegal because it's illegal to be paid to have sex. However porn stars get paid and are therefore being paid to have sex, basicly selling their bodies like a prostitute. So.... how exactly does that work?

knkwzrd Jul 17, 2007 12:42 AM

No, porn people get paid to appear on camera, where they incidentally are having sex. Not too hard to figure that one out.

DarkMageOzzie Jul 17, 2007 12:49 AM

Quote:

Originally Posted by knkwzrd (Post 473062)
No, porn people get paid to appear on camera, where they incidentally are having sex. Not too hard to figure that one out.

That's a load of crap, having sex is part of their job. If what you said was true they could technically get infront of the camera and refuse to have sex and demand to still be paid.

The unmovable stubborn Jul 17, 2007 12:54 AM

Ozzie, quite a lot of pornography involves people doing things that aren't strictly sex.

DarkMageOzzie Jul 17, 2007 12:58 AM

Quote:

Originally Posted by Pangalin (Post 473077)
Ozzie, quite a lot of pornography involves people doing things that aren't strictly sex.

I understand that, but the fact is it's in there unless they're faking having sex. I just don't understand how the law allows people to be paid to have sex in a movie but they can't be paid to have sex by a random stranger. It just seems kinda contradictory if you think about it.

BlueMikey Jul 17, 2007 12:59 AM

The main thing is there is a major psychological difference between being paid to have sex with someone else who is being paid to have sex and being paid to have sex with someone who is paying for sex.

Like most laws, they are tradition based, as well.

From a utilitarian standpoint (hate to quote Wikipedia, but):

Quote:

Pornography generates billions of dollars in sales in the United States alone, and economists have suggested that it has now gotten to the point where the outlawing of the industry, which has been tried on many occasions, could have a major negative economic impact upon the country, and a prohibition-style legislated ban might spark a rise in organized crime much similar to that of the prohibition ban on alcohol did.
The same can't be said about prostitution.

knkwzrd Jul 17, 2007 01:00 AM

Yes, but soliciting is enjoyable only for one person, whereas everyone watches porn. It's a big industry. Sure, it's a little contradictory, but name something that isn't.

The unmovable stubborn Jul 17, 2007 01:00 AM

I know, huh? Here's another one: why do you drive in a parkway and park in a driveway? Crazy, right?

Arainach Jul 17, 2007 01:15 AM

Prostitution is an act. Receiving money from someone for sexual activity.

Pornography is simply recording a legal activity - two consenting adults having sexual relations. Nothing illegal at all.

Grail Jul 17, 2007 02:31 AM

So the biggest loophole one can exploit would be to grab a prostitue off the street, take her to a hotel room where there is a camera running, and a light fixture hung correctly.

And if the cops bust in tell them you're making "Whores for cash 3"?

You're off the hook?

BlueMikey Jul 17, 2007 02:43 AM

Well, no.

I could be wrong, but I doubt there are any unregulated porn laws in the US. I think most require licensing. And prostitution isn't illegal in the US, but it's illegal through local jurisdictions. It's legal (and regulated) in Nevada, after all.

ion Jul 17, 2007 02:59 AM

pornography is a good, prostitution is a service

BlueMikey Jul 17, 2007 03:19 AM

I think if that were the tradition, then prostitution would probably be legal or less stigmatized, at any rate. Prostitution is more of a problem not because it is viewed as a woman performing a service, but because it is viewed as a woman as a good itself. I think if sex was looked at as the good, it'd be less of an issue.

Grail Jul 17, 2007 03:38 AM

Another thing is, in porn, regular tests are done to stop the chance of STD's being spread throughout the populace.

with prostitution shit, you have about a 10% chance of not catching something that'll make you piss fire.

No. Hard Pass. Jul 17, 2007 03:43 AM

Yes, but if prostitution was legalized and regulated, that wouldn't be an issue.

Musharraf Jul 17, 2007 03:54 AM

Are you fucking insane. Do you have any idea how important porn is for the industry? How many people work in the porn business? This is about making ends meet, about annuities, about social welfare in general.

Banning porn. You must be fucking kidding, man.

Monkey King Jul 17, 2007 06:37 AM

Quote:

Originally Posted by Grail (Post 473204)
Another thing is, in porn, regular tests are done to stop the chance of STD's being spread throughout the populace.

Only some of the larger studios. I've heard it's a fairly major issue that not nearly enough porn producers make sure all their actors are clean. Condoms tend to be used very rarely as well.

Sarag Jul 17, 2007 12:25 PM

Quote:

Originally Posted by DarkMageOzzie (Post 473084)
I understand that, but the fact is it's in there unless they're faking having sex. I just don't understand how the law allows people to be paid to have sex in a movie but they can't be paid to have sex by a random stranger. It just seems kinda contradictory if you think about it.

It is because having prostitution in a neighbourhood, like having drug dealers, or a lot of homeless people, tends to attract crime in addition to the criminal act of prostitution or drug-dealing.

Filming pornography tends to be done in a proper film studio, which isn't generally hanging out in the open (there are exceptions).

So there you have it, it's just a case of "not in my back yard".

RainMan Jul 17, 2007 12:58 PM

Quote:

Originally Posted by BlueMikey (Post 473089)
The main thing is there is a major psychological difference between being paid to have sex with someone else who is being paid to have sex and being paid to have sex with someone who is paying for sex.

Like most laws, they are tradition based, as well.

From a utilitarian standpoint (hate to quote Wikipedia, but):



The same can't be said about prostitution.

Exactly what I was thinking. The government receives a lot of reveneue from pornography after taxes. If if didn't, then it would most certainly not be legal, just as prostitution. A bit off topic, this concept may also explain why marijuana hasn't been legalized, where as cigarettes have.

As far as legality in the eyes of the government goes, certain acts receive a certain 'selective attention'.

Sarag Jul 17, 2007 01:22 PM

Legal, regulated brothels would probably earn the government a shit-ton of money. Hello weekly STD testing.

Arainach Jul 17, 2007 03:04 PM

Quote:

Originally Posted by Grail (Post 473177)
So the biggest loophole one can exploit would be to grab a prostitue off the street, take her to a hotel room where there is a camera running, and a light fixture hung correctly.

And if the cops bust in tell them you're making "Whores for cash 3"?

You're off the hook?

Not if YOU pay her. In porn, the people engaging in sex don't pay each other - that is illegal. If you want to pay two other people to have consentual sex, that's perfectly OK in the eyes of the law. You just can't pay them to have sex with you. [insert dating joke here]

Grail Jul 17, 2007 03:37 PM

Quote:

Originally Posted by Arainach (Post 473481)
Not if YOU pay her. In porn, the people engaging in sex don't pay each other - that is illegal. If you want to pay two other people to have consentual sex, that's perfectly OK in the eyes of the law. You just can't pay them to have sex with you. [insert dating joke here]

Fuck just put on a beard, sunglasses and hat. IF the cops bust in and ask what you are doing, say you're shooting a film and your director had left the film running to go get some refreshments >.>

Bradylama Jul 17, 2007 04:14 PM

You can't solicit or accept payment for sex. You can film people having sex and sell it for profit. End of story, thread closed.

BlueMikey Jul 17, 2007 04:16 PM

Uh, the question isn't "What is the law?" but "Why is the law as such?".


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