2257 is UNCONSTITUTIONAL!!!!!!!

Free Speech Coalition sends this- Cleveland, OH - On Tuesday, October 23rd the United States Court of Appeals for the 6th Circuit issued its decision in the case of Connection Distributing Company v Keisler striking down 2257 as unconstitutional on its face.

Each of the three judges on the panel determined that 2257’s burdens are not sufficient in the Government’s interest of combating child pornography. This reasoning applies across the board and is not restricted to the contents of swingers’ magazines as represented by the specific parties.

This decision clearly holds for the 6th circuit (Michigan, Ohio, Kentucky and Tennessee) that 2257 is unconstitutional unless and until 2257 is dramatically rewritten by Congress. Continued litigation is likely in states outside the 6th Circuit.

“This is one of the arguments that FSC has been asserting all along and that we will continue to carry if necessary,” said Reed Lee, FSC board member and Chair of FSC’s Legal Committee. Lee pointed out that the Government has options and will most likely reveal its intentions within the next two weeks.

Within the next few days, FSC will provide a more detailed analysis of the decision, the FSC legal team’s responses to “Frequently Asked Questions,” and an outline of possible next step scenarios. In the meantime, FSC, acting in its role as the industry trade association, will continue to keep members informed about this and other important developments affecting the industry nationally.

FreeSpeechCoalition.com

You can buy a gun in Alabama but you can’t buy a vibrator.

--on the web

Alabama- [lagniappemobile.com]- It’s official. You can buy a gun in Alabama but you can’t buy a vibrator.

After nine years of arguing the constitutionality of the law, the state ban on the selling of sex toys will finally go into effect. On Oct. 1, the U.S. Supreme Court refused to hear adult-oriented retailer, Sherri Williams’ challenge to the law, thus ending the battle and allowing state law enforcement officers to soon begin making arrests.

The ban is a part of the Anti-Obscenity Enforcement Act, which was originally passed in 1998 in an effort to end nude dancing in parts of Madison County, not to ban sex toys. The act states that the distribution or production of "any device designed or marketed as useful for the stimulation of human genital organs" is prohibited in Alabama.

Once the injunction that has delayed enforcement of the ban has been lifted by Alabama’s Attorney General’s office, violators will face up to a year in prison and a fine of less than $10,000.

Georgia, Texas, Mississippi, Tennessee, Nebraska, Virginia and Utah all have similar bans.

There are a few exemptions to the Alabama law, however. Devices can still be sold if they have "bona fide medical, scientific, educational, legislative, judicial or law enforcement purposes." Law enforcement purposes?

It is these exemptions that will allow for many sexual devices to still be sold.

The owner of a local adult-oriented toy-store, who has been advised by her attorney not to use her name, has been expecting the outcome to be less-than-favorable ever since Williams first went to court. She began making changes to her shop about a year-and-a-half ago, so customers would still be comfortable shopping there were the law to be enacted.

"We didn’t want our customers to think we had to shut down. We wanted them to know we have alternatives. We’re still here and will be there at the last stand," she said. "Until they make us close our doors, we won’t."

These changes involved getting rid of some questionable items, which really turned out to be an issue of aesthetics, not of the actual use of the device. Anything that was marketed on the packaging as a sexual device, or anything that looked, well, real, had to go. When she began the process of making the changes, she sent back $38,000 worth of merchandise to the manufacturers just from the top floor of the store alone.

Although possession of such devices is still legal, the new law will also affect Internet sales and private parties. So if a woman wants a battery-operated friend that actually resembles her husband, she will have to drive to Florida or Louisiana.

According to another local distributor who also prefers to remain anonymous, the new law is only going to bring tax money into surrounding states that don’t have the ban.

"Like the lottery, it’s a moral issue and a religious issue. Everybody’s still doing it, but the money is going elsewhere," she said.

She also added that the law is part of the Anti-Obscenity act, but questioned what is really obscene about it. Everything she sells is sold to adults for the privacy of the home, she said.

"What I do is very pro-marriage and pro-relationship. It’s also pro-women and empowering for women," she said. She plans to continue with her business, selling lingerie, lotions and risqué adult party favors for bachelorette parties. For other items, she will now require her customers to sign a release stating that what they are buying is for medical or educational purposes.

Both retailers agree it is the broadness and ambiguity of the law that makes it unclear as to what can and can’t be sold, as the term sex toy really doesn’t have a clear-cut definition.

"We hired attorneys to come in and look, but even they don’t know what’s legal and what’s not," the storeowner said. "It’s like telling somebody not to run a red light when they’ve never even seen a red light."

Part of owning the store is acting as a sexual health educator. The owner advocates a variety of books and reading materials. However, the new law will prevent her from actually being able to talk about certain things with her customers.

"The store is designed and set up so that in the privacy of your own bedroom you can do what you want to do. But now we can’t legally tell you how to do it, or what not to do," she said. "The state has tied my lips and made me unable to educate my customers. Sexual education is going to become almost criminal."

As a state that is already low on educational standards, it does not bode well with her that another aspect will be even more diminished. She mentioned that most people do not learn about sex in schools or from their parents. They most likely learn about it from someone who is not very well informed. This is the storeowner’s main concern with the new law, as she believes it is part of her job is to help such people.

"I don’t believe sales will suffer. They haven’t so far. People will still have sex," she said, adding that advocates of the law have made claims it won’t affect anyone but the ones selling the items.

The average age of her customers is from 30-45 and is pretty much an equal male-to-female ratio. But the mix of people is significant, in terms of occupation and status. These people will be affected simply by the fact that open discussion of what they are buying will no longer be allowed.

"We’re going to break $1 million in sales this year," the storeowner said, adding, "What does that say about the want or need for the store?"

The fight is still not over. Sherri Williams [pictured] is planning on going to court once again, this time with the argument based on First Amendment rights. Anyone interested in her lawsuit can see more at www.gopetition.com/petitions/say-no-to-alabamas-sex-toy-ban.html.

Nick Manning Droppin' Loads on Howard Stern; Celebrity Women Pay Him $6,000 a Night

--on the web

NY- [howardstern.com]- Nick Manning stopped by to promote his “Dropping Loads” ring tones and his new film, “The Valkyries,” in which he protects America from blond bimbo terrorists. Howard noted that Nick's character in “The Valkyries” kills the bimbo terrorists by banging them to death and played a few clips of Nick rendering them comatose. Nick said one of his favorite lines from the film is “I'm going to face-f’ you into a coma.”

Nick noted that his dad was proud of his success and told a story about banging a chick in front of him. While Nick was banging, Nick's dad asked the girl if she was ashamed of herself, but she just turned the question around. Nick remarked that he'd really like to “drop loads on Robin's big black cans,” so Howard asked Robin to go out with Nick and f’ his brains out. Robin refused but did note she'd use the vibrator Nick just gave her while thinking about him.

Robin thought Nick's equipment was not necessarily his best selling point, so Howard asked Nick if he was as angry in bed in real life as he was on film. Nick claimed he was much more gentle in his “real” sex life, noting that he was much more romantic in his personal life, as he doesn't get to enjoy romance on set. Nick then reported that he was writing a book, working on a reality show for HBO, and had a Master's degree from Loyola University.

Nick claimed he shaved off all his hair once a week with a Mach 3 razor, including his ass crack. Howard asked Nick about his real estate holdings, so Nick explained that he had five homes in California – each worth around a million dollars – and rents out four of them. Nick revealed that he's banged celebrities, but they were usually “clients”: women who pay him as much as $6,000 to spend the night.

Nick said the most recent “client” was a very famous designer, but the most famous ever was an established film star. Nick would only say the film star was a widow, in her 40s, and “real hot.” Nick met her at a hotel on a Caribbean Island and they stayed together for three or four days. Howard guessed at the identity of the woman, but failed; Nick denied that the woman was Katie Couric, Candace Bergen, Cher, or Joan Rivers.

Howard asked Nick about the Catholic school he attended as a boy, and Nick revealed that his mom used to teach at the school. After Nick became a porn star, his mom was fired and his picture was removed from the school's wall of fame. Nick also told the crew about his troubles with his office's landlord, who has a problem with Nick's “adult” business. Robin then asked what Nick's “client” schedule looked like, so Nick reported that Friday night was wide open.

Instead of a private date, Robin invited Nick out with her and some friends, telling him not to assume that they're having sex. Nick suggested that Robin and all of her friends head back to his hotel at the end of the night, but Robin claimed it would never happen. Nick then revealed he had an orgy on the Fourth of July that ended with Britney Starr swallowing his load. Howard laughed that Artie made out with Britney after she swallowed Nick's load, but Artie wasn't amused...and swore enough time had passed for there not to be any of Nick’s residue left.

Deadline arrives for swingers’ parties

SCHENECTADY — The deadline for a bed and breakfast owner to halt his after-hours sex parties is this week, but neither the owner or the city will say where the case is headed.

City officials sent a letter in June to Union Street Bed and Breakfast owner Bob Alexson saying the sex parties at 1362 Union St. would not be allowed after this week. After that he would be in violation of zoning law.

The city is alleging the parties Alexson throws are an adult entertainment business that can’t be located in that area.

Alexson has said the parties are part of his private life and not part of his business. He said he hosts private swingers’ parties in which adults can engage in various fantasies, but his paid business is providing housing for regular business travelers.

Protesting neighbors brought the existence of the parties to the city’s attention last year. The City Council in turn amended its adult entertainment ordinance in such a way that the parties would be included under the law. Adult entertainment is only allowed in the city’s industrial zones.

Alexson could have applied to the Zoning Board of Appeals for a temporary waiver to keep the parties going at that location. But no such application has been filed.

If Alexson doesn’t comply with this week’s mandate, the city could try to prosecute him criminally or seek a civil judgment that would require him to discontinue the parties.

City Corporation Counsel L. John VanNorden said he would not comment on the city’s next move.

When reached by phone, Alexson said he would not discuss the case either, referring any comment to his lawyer, Stephen Coffey. Coffey did not return repeated calls for comment.

Porn Set Free: Age Record Keeping Deemed Unconstitutional

Creators of porn websites have been set free of onerous confirmation of age record keeping laws, after the Unites States Court of Appeals found that the law requiring the keeping of these records was unconstitutional.

Previously, porn websites hosted in the United States had to keep records confirming that all performers shown on their sites were of a legal age. More recently there has been some suggestion that these requirements would be extended to all sites showing porn, potentially destroying sites such as YouPorn.com and Pornotube.com (both NSFW) who rely on user generated content and therefore would not have access to records.

A majority ruling of the Appeals Court found that “the purpose, and the legislative history of the statute make clear that Congress was concerned with all child pornography and considered record keeping important in battling all of it, without respect to the creator’s motivation” in that it impedes free speech rights.

Law.com notes that “the decision is a significant First Amendment ruling that directly implicates the controversial subjects of legal adult pornography and illegal child pornography.” For anyone in a Web 2.0 related porn business, it’s simply a sign that they have a future.

My shoot with Rebecca Lee

Hi perves,

I apologize for the delay in postings. Verizon ad totally screwed me over with my DSL account, and I was tired of waiting 10 days for them to resolve their issue on THEIR end. So I canceled that account, and decided to get Comcast internet. To be honest, I don’t really see much of a difference except in price.
Well, I just want to say that I’m sorry for being absent, and thank you all for the great emails of concern that I received. I was not aware of how many fans I had until my internet went down.

Without further ado, I would like to tell you about a shoot I had last Friday. We were doing a couple ( ok, A LOT) of customer videos with my great friend Brooke Babylon. As you all know, I have worked with her before, and she’s the original “smoking fem” in the industry. We also got to work with a brand new and fantastic talent, her name is Rebecca Lee. Let me tell you about Rebecca, you have to start counting sheep when she's sucking your cock, or she will make you cum in two minutes flat. If the cum play is your thing, then you will love the work that she did for us. Not only did she willingly and happily take the JUPA Man's monster load, but she didn't gag and knew exactly what to do with it.
Then on yet another scene, she and Brooke both attacked another cock until it was drained.
The footage is still being edited, but I will let everybody know.

If you are interested in a hot MILF, the Rebecca is the woman for you. Hit me up if you would like to find out more about her.

Until next time, the JUPA Man and his one eye helmet head.

Brittaney Starr On Howard Stern and Maxim Radio

This summary is not available. Please click here to view the post.

Chicago Woman killed boyfriend over porn

Hey Perves,

How's this relevant to the blog? Just to iterate the point that some extremist love to make something out of nothing. So what if a person, male or female, has a stashs of porn? I say better to have the porn than to actually go out and cheat on your partner.
Read the story below as published in adultbizlaw.com

A Chicago woman killed her live-in boyfriend after finding his porn stash, prosecutors alleged Tuesday. Jeanette Strowder, 58, faces first-degree murder charges in the shooting death of Jesse Martin, 54. The shooting occurred after Strowder found CDs in their apartment that contained nude photographs of women, prosecutors said.

Strowder confronted Martin about the photos, said assistant state’s attorney Tracy Stanker. “The defendant then got a gun and shot the victim multiple times,” Stanker said. When police arrived at the couple’s home in the 5300 block of South Shields, Strowder pointed a gun at her head and then at officers, Stanker said. Strowder later gave a statement admitting to shooting Martin.

FBI Clarifies 2257 Inspection Issues

Lead inspector said there will be no inspections of secondary producers until the recently proposed revised regulations are finalized.

By Q Boyer

Tuesday, Oct 2, 2007

LOS ANGELES — The FBI has not purposefully inspected any secondary producers to date, and will not start inspections of secondary producers until proposed revisions to the 2257 record-keeping regulations have been finalized, according to the agent in charge of the FBI’s 2257 inspection effort.

“We do not inspect secondary producers,” Special Agent Chuck Joyner told XBIZ. “On a few inspections, we determined the company was a primary producer for the majority of the products we reviewed. However, some of the products reviewed were produced by a separate company and the company inspected was the secondary producer or distributor. In those instances, we did not review any records for products determined to be produced by another company.”

Following the revelation that the FBI had inspected five Florida-based producers last month, some speculated that one or more of the producers inspected had been a secondary producer. This speculation was based in part on a paraphrasing of an unidentified producer who allegedly told the inspection team that he had not kept any records prior to 2005.

Joyner told XBIZ, however, that the FBI would not undertake any inspections of secondary producers until the revised regulations are in effect.

“Until any new regulations become law, they do not exist for our purposes,” Joyner said. “So, no, there will not be any inspections of secondary producers unless the law changes. Any proposed revisions are irrelevant until they become law.”

Asked what the most serious form of violation the FBI has documented to date was, Joyner said that one producer inspected “had absolutely no records for the products we reviewed.”

Joyner said that it was difficult to say which producer had exhibited the largest total number of violations to date, because that number “depends on how the Justice Department or the U.S. Attorney’s Office wants to categorize and charge violations.”

“Conceivably, every missing identification record could be considered a violation,” Joyner said. “Therefore, for example, if 200 performers were identified as engaging in sexually explicit conduct in 10 videos reviewed, it could be as many as 200 violations.”

Ultimately, Joyner said, it’s not up to the FBI to determine what and how many charges might stem from their inspections.

“The FBI conducts an inspection, very similar to an audit, and provides the results to the DOJ and USAO,” Joyner said. “Prosecutive decisions are made by those two entities.”

Joyner said that to date, 29 inspections have been conducted and 25 of the 29 producers inspected had violations of some kind.

“Of those 25, two were re-inspected and had unresolved violations,” Joyner said. “Five of the most recent inspections still require follow-up, but it is expected at least one of those will have unresolved violations.”

Joyner said that the remaining four producers inspected so far “were in complete compliance at the time of inspection.”

“Interestingly, the size of the companies in complete compliance ranged from one of the largest to one of the smallest in the industry,” Joyner said.

Joyner declined to provide specifics concerning the inspection team’s budget or the amount of money allocated annually for 2257 inspections, stating only that “at the present, budget constraints are not a factor in the frequency of inspections.”

Is Porn A Man Thing ?

Hey Perves,

What do you think of this? read below.

As posted on www.adultbizlaw.com
Why do men cheat? Why do men look at porn? Why do men ogle? Why do men wolf-whistle at anything with two legs? Because, as the old adage goes, men are visual creatures. They are allowed to do such things. It’s in their nature. It’s in their DNA for goodness sakes. As Germaine Greer once sniffed: “Men prefer looks to brains because they see better than they think.”

So are they perverts, or misunderstood creatures?

Allan Pease has a different theory. As the author of Why Men Don’t Have a Clue And Women Always Need More Shoes, by his reckoning male attraction occurs on a biological level. How it works is simple: men are attracted to women with good genes because they believe if they mate with such creatures, they can pass on the good genes to their offspring. In other words, the better looking the woman, the more likely the bloke will ogle, stare and attempt to pick her up.

Even the male fondness for bigger breasts is biological (or so the male scientists say), because they promise exceptional nutrition for future offspring …

Pease also talks of brain researchers at Massachusetts General Hospital who showed photos of ridiculously good looking women to a bunch of blokes while monitoring their brain activity. What they found might startle and shock: the images switched on the same parts of their brains that are switched on by money and cocaine! No wonder they’re so into it.

But they better beware. As Jerry Seinfeld said; “Looking at cleavage is like looking at the sun. You can’t stare at it long, it’s too risky. You get a sense of it then you look away.”

A case in point is the tale recounted to me by US-based author Amy Dezellar of the hilarious book Dating Amy: 50 True Confessions of a Serial Dater (Warner Books). While she was working at a food convention alongside a bunch of blokes, the men decided that to pass the time they would rate every woman who walked past on a scale of 1-10 (and weren’t being so generous). Then the following day, while getting her coffee at Starbucks, a creepy male coffee drinker suddenly bolted outside to ogle at a sexy-looking woman walking past. When he came back in, the barista asked him to leave because he was making women uncomfortable. From the two incidents, Amy came to a conclusion:

“I suspect that it’s not just that my fellow food samplers were immature (although they were) or that the guy at Starbucks was creepy (although he was). It’s that men are preoccupied with women.”

“The difference between married bankers in Armani suits who don’t look at women and drunk guys on the street who blatantly gawk at them is only one of social boundaries,” she says. “The crazier guys just openly express what every man is thinking. One has a million-dollar home, one has a heated sidewalk grate, but their feelings towards miniskirts are identical. It’s endearing in a way. Inside every man is a little pervert just begging to be booted out of Starbucks.”

Interesting hypothesis, yet this got me wondering: does it work the other way around? Are women just as visual as men? Or are we attracted by something entirely different?

You wouldn’t blame me for thinking so the other night while out with a couple of mates to see a local band. I couldn’t help notice that all the women in the room had gone ga-ga over the lead singer. Sure I admit he was a good vocalist, (OK, he was pretty darn brilliant), but I don’t think one woman was actually listening to his soulful ballads or even remotely concentrating on his handy work with the electric guitar. Because you see, this guy was a bona fide David Beckham look alike. Yep, he was smoking hot.

Of course we all soured over the humdrum reality that his gorgeous girlfriend was beaming in the audience, but nevertheless I had seen something that piqued my interest: women are perhaps just as visual as men. They might not show it as much (unless they’ve had a few too many champagnes), because women are masterminds at surreptitious ogling. We’d never shout out obscenities at passing gents with bulging muscles, nor outlandishly rate men walking past our coffee table from 1 to 10.

Interestingly, according to Seduction Labs, (a scientific website on seduction), women aren’t as attracted to a good looking man because they’re worried these types will “impregnate and leave” them.

So instead of going for men with good physical genes, women go for men who have a “tendency to stick around”. And while men can generally size up a woman in seven seconds or less, for women to find out whether he’s a stayer or a player generally takes a lot more time. Hence many women withhold sex till marriage or barrage him with “I love yous” in the hope that he’ll say the same thing back, and mean it.

But back to ogling gents.

While I was out with a gorgeous-looking female friend and her boyfriend the other night, she caught him staring at another woman walking by. I was surprised when she laughed it all off, but then whispered this to us: “Even though they have the Porsche, it doesn’t mean they can’t look at the Ferrari.” Can I hear an amen to that?

Haley Paige, 1981-2007

Cause of death remains unknown

By Peter Warren

Posted: 2:57 PM PST Oct 01, 2007

KING CITY, Calif. - Maryam I. Haley, a.k.a. Haley Paige, who appeared in over 300 adult titles between 2002 and 2007, passed away August 21, according to the King City coroner's office. The cause of her death is still under investigation, awaiting the results of a toxicology report.

Haley's body was released to a mortuary August 27. A spokesperson for the coroner's office said it is typical for toxicology reports to take between four and six weeks to be returned following an autopsy.

Rumors of Haley's death began circulating in the adult industry in September. She had by most accounts vanished over the past two months, along with boyfriend Inkyo Volt Hwang, a.k.a. director Chico "Wanker" Wang. Hwang was arrested June 29 for allegedly beating and kidnapping Haley, but was released July 3 with no charges filed.

The coroner's office spokesperson confirmed to AVN that Hwang was interviewed by the King City police several days after her death. Calls to the King City police department were not immediately returned.

As to another circulated rumor that Haley died of a heroin overdose, the spokesperson for the coroner's office said she had no track marks that would indicate such a cause, but it was hypothetically possible if she smoked the substance.

A longtime associate of Hwang's, Hung Lo, spoke to AVN and stressed that Hwang was good to Haley, and did everything he could to get her off of drugs. "That's what he wanted for her," Lo said. "He loved her."

Ray Guhn Due Back in Court

--Gene Ross/on the web

Florida - Clinton Raymond McCowen, aka Ray Guhn, is due back in court October 16 for a hearing in which Circuit Court Judge Ron Swanson will determine whether a national community standard prevails in his case.

Gunn's attoneys will argue at that time for national standards over local ones, stating that they're appropriate because of the global nature of the Internet

Last month Swanson ruled on Gunn's potentially precedent-setting pornography case, stating that it will remain in Santa Rosa County.

Swanson had denied a defense motion to change venue in McCowen's case. Prosecutors said it was run out of McCowen's Navarre home.

At the time, defense attorneys sought to move the proceedings to Escambia County.

"I keep going back to the statute that says this is a discretionary decision made by the state," Swanson said during discussions with attorneys.

"It seems to me it's pretty simple. The state gets to make the choice (according to the statute) if the offenses happen in two or more counties."

Swanson said the law only allows a judge to change the trial location if the state's choice was influenced by an improper motive or if the venue the state selects somehow violates the defendant's right to due process. Neither of those was true in this case, he said.

McCowen, Andrew Kevin Craft of Pace, Kevin Patrick Stevens of Pensacola, William Lee Beach of Milton, Jane Marie Dreka of Lillian, Ala., and Thomas W. Dwyer of Pensacola are accused of producing obscene videos, which Internet users could pay to view online.

They face two charges each of racketeering — conducting a criminal enterprise by engaging in prostitution, and by manufacturing and selling obscene material. McCowen also faces money laundering charges.

Attorneys have called the case a "case of first impression," meaning there are no similar cases in history to look to for guidance.

The outcome could be precedent-setting.

The state maintains that the videos were shot at various locations in Santa Rosa and Escambia counties, including public places like Interstate 110. The state also says the money laundering occurred in Okaloosa and Santa Rosa counties.

Assistant State Attorney Russ Edgar said while charges originally were filed in Escambia in 2006, the case was moved to Santa Rosa to best address all charges with one proceeding. The original charges were filed before the evidence of money laundering was discovered, he said.

"We believe the most serious charge in this case is the money laundering charge. ... That occurred in Okaloosa and Santa Rosa counties," Edgar said. "The money laundering, in my opinion, had to be heard in either Okaloosa or Santa Rosa. The manufacturing of obscene materials had to either be in Escambia or Santa Rosa."

Defense attorneys had sought to have the trial moved back to Pensacola.

"The substance of this case was originally filed over a year ago in Escambia County," said McCowen's attorney, Jerome Mooney. "We're being hurt ... because we've been working for a year in preparation for one community and suddenly we find ourselves being thrust into another community. These communities, these counties, may be next door to each other, but they are substantially different."