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Thus the current standard, called the , prosecutors in other states have largely avoided challenging the distinction between prostitution and pornography.The legal buffer afforded by that ruling allowed the adult-film industry to proliferate in the Golden State.

Though the Equal Protection argument may be weak as a matter of statutory interpretation, the distinction between prostitution and pornography is not nearly as clear as Justice Goodman suggests.Sex in the course of creating a movie or a photo is just plain old expression, protected under the First Amendment.(Click here for an excellent review of this distinction by Sherry F.Sometimes interracial porn can be found in these scenes.Ebony babes enjoying nudity on cam while their white partners watching them finger fucking, moments before pushing their dicks into their creamy pussies.Among other defense arguments, Paulino moved to dismiss the case on Equal Protection grounds.

She claimed that the Manhattan District Attorney's office selectively targets "escort services" for prosecution, while ignoring distributors of adult films, who are engaged in what is essentially the same activity. Goodman recently issued a ruling rejecting Paulino's claim, on the ground that pornography does not qualify as prostitution under the relevant New York statute.

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But the Supreme Court in Oregon did overturn two state laws concerning sex shows, on free speech and expression grounds, in 2005.

The porn-or-prostitution issue came up in the 1980s, when California prosecutors argued that an adult film producer named Harold Freeman was guilty of pimping because he had hired five women to perform sex acts for a movie called .

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