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Judge: Porn condom requirement does not violate First Amendment

Aug. 17, 2013 at 3:45 PM

LOS ANGELES, Aug. 17 (UPI) -- A federal judge has ruled a law requiring porn actors to wear condoms does not violate constitutional free speech guarantees.

In a ruling Friday, U.S. District Judge Michael Pregerson upheld a Los Angeles County law, the Safer Sex in the Adult Film Industry Act, the Los Angeles Times reported. The law, described as a means of preventing the spread of AIDS and other sexually transmitted diseases, was approved by voters last year.

Lawyers for two adult filmmakers, Vivid Entertainment and Califa Productions, and two actors, Kayden Kross and Logan Pierce, filed a lawsuit in January.

"The exercise of [First] Amendment freedoms cannot be limited by referendum," they said in court papers, calling the law "an unconstitutional prior restraint upon protected expression."

The plaintiffs argued AIDS testing provides all the protection needed against the disease. Pregerson ruled they presented no evidence from medical professionals.

AIDS Healthcare Foundation President Michael Weinstein said the decision is "a tremendous, tremendous victory, one that will go a long way to safeguard the health and safety of those adult performers working in the industry."

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