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COME CELEBRATE FREE SPEECH IN CALIFORNIA
It’s time to mark your calendar to attend our acclaimed lobbying training program, Celebrate Free Speech Lobbying Days (CFSLD), next spring in Sacramento, California. The dates are Monday and Tuesday, April 18 and 19, and as always, space is limited.
The two-day event will include a full-day of political action training for participants, as well as our hugely popular cocktail reception for legislators and staff. In addition, this year we are adding a Community Forum to the schedule, where the public will be invited to join adult industry professionals and speakers from the Capitol in a discussion of issues of concern regarding free speech and adult entertainment.
Deadline for applications is Friday, March 18, 2005. Call the Legislative Affairs Office at 1-800-476-7813 or e-mail Sunlove@direcway.com for more information and an application form.
CFSLD continues to be an incredibly inspiring and empowering activity for those who attend and is a great staff development opportunity for industry leaders. Don’t miss it in 2005!
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DEMOCRATIC LEADER COULD SUPPORT SCALIA
WASHINGTON, DC – Soon-to-be Senate Minority Leader Harry M. Reid (D-NV) has startled liberal groups, not to mention the adult entertainment industry, by announcing on NBC’s “Meet the Press,” that he could support Supreme Court Justice Antonin Scalia to be chief justice. Scalia as chief justice would be a disaster for the adult industry. He has made it clear on numerous occasions that he does not believe adult entertainment should be constitutionally protected.
Reid did qualify his comments somewhat, saying that Scalia would have to overcome “ethics problems.” However, Scalia as a nominee, if or when Chief Justice Rehnquist steps down, would be a lightning rod for opposition by many Democrats, particularly liberal activist groups.
Reid expressed opposition to the idea of Justice Clarence Thomas as chief justice during his Meet the Press interview, saying that Thomas has been an “embarrassment” to the court. His comments reportedly angered some conservative groups who are promoting Thomas for the powerful position.
From Michael A. Fletcher, The Washington Post, 12/7/04
http://www.washingtonpost.com/wp-dyn/articles/A41270-2004Dec6.html
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MORE SPAMMER LAWSUITS BY MICROSOFT
SEATTLE, WA – Microsoft has announced seven new lawsuits against spammers in Washington State Superior Court. Microsoft says that the “John Doe” defendants – yet to be identified -- violated several provisions of the Can-Spam law, including a provision by the FTC known as the “brown paper wrapper” rule. Under that rule, sexually oriented e-mail solicitations must be marked with a label that warns users of the content in both the subject line and the initially viewable area of the message.
“Sexually explicit materials and publications for sale in stores are required by law to be covered from view with a brown paper wrapper, and it’s important that consumers are protected online in the same way,” said Nancy Anderson, Microsoft deputy general counsel.
Microsoft said the defendents also used compromised computers around the world to route the unwanted e-mails and used misleading subject lines in the messages. They also didn’t include an option to allow users to unsubscribe from the mailing list or physical address of the sender, it said.
From AFX News Limited 12/03/04
http://www.ecommercetimes.com/story/38642.html
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COP'S SEX VIDEO NOT PROTECTED SPEECH
WASHINGTON, DC – A former San Diego cop, identified in court only as “John Roe,” has lost a Supreme Court case that tested whether his government employer could apply restrictions on his freedom of speech that would be unconstitutional if applied to the general public. Roe was fired after his supervisor discovered that sex videos were being sold on eBay showing Roe, a seven-year veteran, removing his police uniform and then masturbating. The high court seemed particularly disturbed by Roe’s use of a uniform, although it was not his official San Diego uniform, and said "the debased parody of an officer performing indecent acts while in the course of official duties brought the mission of the employer and the professionalism of its officers into serious disrepute."
The First Amendment protects government workers if their speech involves a "public concern," rather than personal, job-related issues such as salary or promotions. Roe claimed in his lawsuit that his activity was a "public concern" because the sex videos were made while he was off-duty and away from the workplace, were marketed to a
public audience and did not identify him as a San Diego officer. However, the justices said the officer's "expression does not qualify as a matter of public concern under any view." In its unanimous decision the court overturned the 9th U.S. Circuit Court of Appeals in San Francisco.
From Gina Holland, The Associated Press, 12/7/04
http://seattletimes.nwsource.com/html/nationworld/2002111278_scotus07.html
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CAMPAIGN TO CHANGE THE NAME OF I-69
INDIANAPOLIS, IN – Religious groups here have persuaded U.S. Congressman John Hostettler (R-IN) to introduce legislation to change the name of an Interstate Highway from I-69 to I-63. Religious conservatives believe “I-69” sounds too risque. Hostettler agrees.
“Every time I have been out in the public with an ‘I-69’ button on my lapel, teenagers point and snicker at it. I have had many ask me if they can have my button. I believe it is time to change the name of the highway. It is the moral thing to do.”
The reason the good congressman wears freeway buttons on his jacket is because, so far, Interstate 69 is only an extension. I-69 boosters, however, hope that the highway will eventually extend from Indianapolis through southwestern Indiana all the way through Texas into Mexico, and that it will be a good thing for the local economy.
The highway change bill will more than likely be introduced in committee when Congress convenes after the first of the year.
[Ed Note: Yes, in case you trivia collectors were wondering, this is the same Representative Hostettler who “forgot” he had a fully-loaded 9mm Glock automatic pistol in his carry-on bag as he prepared to take a US Airways flight in April.]
From August Wayne, The Hoosier Gazette News, 11/10/04
http://www.hoosiergazette.com/News/Nov2004/news003.htm
See also: Letters to the Hoosier Gazette after this story
http://www.hoosiergazette.com/News/Nov2004/news004.htm
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ADULT BUSINESSES NEAR AIRPORT RUNWAYS DEBATED
SIOUX CITY, IA – Among changes being proposed to the adult entertainment ordinance here is keeping adult businesses 1000 feet away from prime industrial areas.
Most cities zone adult entertainment into industrial or commercial areas, the idea being to keep them away from residences, churches, schools and the like. City Planner Brent Nelson explained the reasoning behind reversing this pattern:
“Sioux City is an industrial town, and we compete with industrial rail and industrial air, so we need 1,000 feet from a rail line and the airport.”
A vote is expected soon on this and other revisions.
From WorldNow and KCAU-TV, 12/8/04
http://www.kcautv.com/global/story.asp?s=2659680&nav=1kgltuzu
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MUTUAL FUND SQUIRMS OVER ADULT HOLDINGS
BOSTON, MA -- Mutual fund giant Fidelity Investments has broken its long-standing policy of not commenting on holdings in order to do some damage control after word got out recently that Fidelity and its trans-Atlantic sister company were backers of adult entertainment’s Private Media Group, holding 12 percent of the stock. The investment firm pointed out that Fidelity owners Ned and Abby Johnson were not responsible for the investment.
“Any decision to invest in a security is made by the individual portfolio manager,” a spokesman said.
No word yet on any intention to divest of the holdings. In the past two years, the stock, which is listed on Nasdaq, has performed very well. It recently leapt another 23 percent on Nasdaq, rising to $4.62 from barely $1.50 a year ago.
The sudden attention on Private Media has come from the company’s production of a reality pornography show, the “Private Stars,” that has been a huge hit in Europe. The show gives five “real world” men a shot at a contract with the company. The winner of “Private Stars” is the one who performs best on television with one of Private’s top female stars. The first 10 episodes were so successful that the cable network re-ran the show 76 times in Europe and the program jumped to Number 2 for the men’s 24-35 age group in the United Kingdom, airing on the Bravo channel, according to the financial news weekly Barron’s. Talks are underway about taking the program to the U.S.
From Brett Arends, The Boston Herald, 12/7/04
http://business.bostonherald.com/businessNews/view.bg?articleid=57550
And from Reuters, Inc, 12/6/04
http://www.nypost.com/business/35783.htm
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CIVIL NUISANCE SUIT TRIED AGAINST EXOTIC DANCE CLUB
GOLDSBORO, NC -- District Attorney C. Branson Vickory is using a civil nuisance suit tactic against an exotic dance club called The Doll House here. As a first step, Superior Court Judge Jerry Braswell has issued a temporary restraining order against The Doll House, prohibiting any illegal activity on the property until a preliminary injunction hearing can be held. The court action is based on an undercover operation at the club by the Wayne County Sheriff’s Office, according to authorities, resulting in a number of solicitations for acts of prostitution.
“The district attorney’s office is filing this suit in an effort to be responsive to citizen complaints,” Vickory said. “The illegal activities occurring at this business are a detriment to the community.”
Sheriff Carey Winders called the nuisance suit “a powerful tool we can use to eliminate problem establishments in Wayne County when traditional law enforcement methods won’t work.”
Civil nuisance suits do not require criminal convictions on prostitution or other charges.
From NBC17 News, 12/8/04
http://www.nbc17.com/news/3979071/detail.html
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UpComing Events
JAN 4-6 – Internext, Mandalay Bay Resort, Las Vegas, NV
http://www.internext-expo.com/.html
JAN 6-9 -- AVN Adult Entertainment Expo, Las Vegas, NV www.homeentertainmentevents.com
MAR 18-20 – Adult Expo USA, L.A., CA http://www.adultexpousa.com/
APR 18-19 – CELEBRATE FREE SPEECH LOBBYING DAYS, Sacramento, CA, 800-476-78
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Subscriptions to Free Speech X-Press are FREE to FSC members. Contact us at Sunlove@direcway.com or 800-476-7813.
