In 2014, an American porn star auctioned off a lead role in one of her films for several
thousand dollars.
But since the part included sexual acts, some have asked how this situation differs from
prostitution.
So, what is the difference?
How is pornography legal?
Well, prostitution is defined as a sexual act that’s given or received for money,
or other payment.
With a few exceptions in rural Nevada, prostitution is prohibited by law in most of America.
Both sellers and buyers of sex can be punished with fines and jail time.
According to the US government, prostitution “directly contributes to the modern-day
slave trade and is inherently demeaning."
Now technically, pornography is very similar to prostitution because porn actors ARE being
paid to depict sexual acts.
However, porn is considered to fall under a form of artistic expression, and is thus
protected by the First Amendment, unlike prostitution.
At the heart of the matter is the fact that prostitution is viewed by the government as
being detrimental to society, while pornography is thought to have at least SOME kind of culturally
significant value.
Of course, there are forms of porn that overstep this boundary and ARE considered illegal.
In particular, the First Amendment does not apply to things that are considered obscene.
Obscenity in “extreme porn” is off limits, meaning there can be no pornos featuring animals,
corpses, urine or feces.
And child pornography is also strictly forbidden.
In California court cases, there were also a few other distinguishing features of pornography
that helped confirm its difference from prostitution.
In porn, the camera is the primary reason and motivation for the sex act, whereas in
prostitution, it’s completely unnecessary.
Also for porn, the main beneficiary is the porn-viewer, and not the client, as it is
in prostitution.
To prove a film company is really making pornography and not simply trying to justify prostitution,
they must confirm that they intend to distribute the films they shoot.
There are also multiple business filming licenses necessary, and the company must keep detailed
records of their performers.
If a company isn’t careful, they could be susceptible to prostitution accusations.
Although the line between porn and prostitution seems thin, there are strict guidelines regulating
pornography which would be difficult to prove in a purely sexual transaction.
Although porn is considered legal, pornography producers are occasionally prosecuted for
not following the rules, and straying close to prostitution, or outside the bounds of
the First Amendment.
Just because there’s a camera present, doesn’t make it legal.
Could you imagine watching up to 700 porn videos a day FOR A LIVING?
That’s what these censors in China do.
Watch this video from Seeker Daily to learn more about them.
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