In the short term, though, there will be serious problems for porn producers. The producer, who was witness to some of the earliest porn busts of street vendors in New York City under the reign of legendary Mayor John V. Lindsay, noted that even by today s jaded standards, the industry may have a tough time selling a jury on some of the more extreme tapes now being produced. Fast-forward three decades, and porn still has the same hill to climb. I think it is more vile and sleazy now than ever, the producer says. But people clearly have a legal right to sexual freedom.
Sex is political , and political speech is the most protected in our society.
But that doesn t mean these lawyers are going to have an easy time explaining to a jury that a video featuring 150 men ejaculating on a woman should be protected speech. One lawyer who has faced those questions with juries before thinks it is a sell the industry can make, if it has the guts to do it. Roger Jon Diamond, a Santa Monica based lawyer who has been defending adult material since the late 1960s, a role that has put his work in front of the U.S. Supreme Court, feels some of the worry may be overblown. Too much material is already out there in too many places. You can t unring the bell.