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Free Speech X-Press
Delivering Weekly Censorship Updates to the Adult Industry

Vol. VI, No. 20, April 2, 2004 -- A Member Service of the Free Speech Coalition
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Free Speech X-press is researched and edited by Kat Sunlove and Layne Winklebleck.
Copyright 2004 Free Speech Coalition. Permission to reprint granted to FSC members; please give credit.
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VISIT OUR WEBSITE FOR FSC MEMBERSHIP INFORMATION
http://www.freespeechcoalition.com
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SAVE THE DATE! NIGHT OF THE STARS - JULY 24
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CLUB OWNER COLLECTS BIG SETTLEMENT
ANAHEIM, CA -- Badi “Bill" Gammoh is being paid $2 million by the City of Anaheim in settlement for having violated his constitutional rights and for his loss of business because the city would not allow him to open his Taboo Gentlemen’s Club from 1994 to 1999. According to Gammoh’s attorney, Scott Wellman, this is the first time an adult business in the state has been awarded damages for lost business because of a city “depriving it of its First Amendment rights to freedom of expression."

Gammoh, who also fought and prevailed in La Habra to open the Pelican Theatre, was able to convince a state appeals court in 1999 that a clause in Anaheim’s ordinance restricting adult businesses near freeways was unconstitutional. Taboo finally opened in December 2001.

"We fought it all the way because we thought we were right," said Deputy City Attorney Moses Johnson. "Obviously, we’d have preferred not to pay $2 million."
From Vik Jolly, The Orange County Register, 3/31/04
http://www2.ocregister.com/ocrweb/ocr/article.do?id=88140&section=LOCAL

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INTERNET CHILD PROTECTION ACT STRUCK DOWN
RICHMOND, VA -- The U.S. Court of Appeals for the 4th Circuit has upheld a lower court ruling that a Virginia law aimed at preventing juveniles from accessing “sexually explicit" material on the Internet is unconstitutional.

Although the state has a “compelling" interest in protecting minors from potentially harmful online material, the appeals court said, it is impossible to do so in the unfettered, global realm of the Internet without keeping the same material from adults.

Plaintiffs included People for the American Way, whose legal director, Elliot M. Mincberg, hailed the decision as a victory for free speech. Similar laws in New York, New Mexico and Michigan also have been declared unconstitutional, he said. He said he sees the addition of Virginia to that list as particularly significant.

"The 4th Circuit Court, by reputation, is probably the most conservative court in the country," Mincberg said. “Having the 4th Circuit agree with other courts that have heard this question is a very important step."
From Maria Glod, The Washington Post, 3/27/04
http://www.washingtonpost.com/wp-dyn/articles/A28077-2004Mar26.html

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TWO FEDERAL OBSCENITY BUSTS IN MONTANA
BILLINGS, MT -- A week’s time has brought two, first ever federal obscenity prosecutions in Montana, according to Clair Johnson, Billings Gazette reporter. The first case involves Gary A. Robinson, 62, who pleaded guilty at his arraignment to charges of transporting obscene materials. Robinson was accused of running a mail-order catalog business in which he copied, sold and distributed obscene videotapes using United Parcel Service. Robinson’s videotapes, which had titles like “Ride’um Cowgirl" and “Dogs and Horses and Pigs and Chickens,’’ contained graphic scenes involving bestiality and other sexual activity that involved excretory functions, prosecutors said. Robinson was released until sentencing.

The second case involves Thomas W. Lambert, 64, of Montana and Sanford Wasserman, 64, of Lauderhill, Florida. The two are accused of running a catalog business to sell and ship obscene videotapes, using Federal Express, from Lavina to customers throughout the country. Titles include "Anything Goes,’’ “Rape and Sodomize’’ and “Physically Raped,’’ according to court records. Lambert has pleaded not guilty. Wasserman is scheduled to appear for arraignment.

Both cases were the result of an investigation by the U.S. Postal Inspection Service.
From Clair Johnson, The Billings Gazette, 3/30/04
http://www.billingsgazette.com/index.php?id=1&display=rednews/
2004/03/30/build/local/30-lavina-porn.inc

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BROADCASTERS PUSHED TO ADOPT CODES
WASHINGTON, DC -- At a closed-door summit on indecency hosted by the National Association of Broadcasters, federal regulators and lawmakers told some 350 owners and executives of radio and television stations that they should adopt voluntary codes to eliminate indecency on their shows.
"It would be in your interest to do so," Chairman Michael Powell of the Federal Communications Commission told the broadcasters.

Others who called for more self-regulation by the industry included FCC Commissioner Michael Cole, Senator Sam Brownback (R-Kan.) and Representative Bart Stupak (D-Mich.).

Patrick Maines, president of the Media Institute, said he fears that members of the broadcasters association will acquiesce to such requests.

"If it’s coerced, it’s not going to work,' Maines said. “My whole pitch to this group was they ought to fight for the First Amendment."

Commissioner Cole said a voluntary code for broadcasters should also cover cable and satellite shows, because “most viewers, particularly children, don’t recognize the difference as they flip channels."
From Andrew Mollison, The Atlanta Journal-Constitution, 4/1/04
http://www.ajc.com/business/content/business/0404/01tvsummit.html

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HOWARD STERN COULD BE POLITICAL FACTOR
NEW YORK, NY -- Day after day, hour after hour, Howard Stern rails against Republicans and what he perceives as their attempt to make radio broadcasts bland.

"You’ve got to vote Bush out to send a message as a Howard Stern fan," he tells his listeners.

Some Republicans chuckle at the notion of Stern supporters as political force.

"The Howard Stern voting bloc? I don’t think so," said Ted Royer, spokesman for the Texas GOP.
He likened the radio host’s political musings to movie stars who endorse candidates. Their fans want entertainment not preaching, Royer said.

"The success of his show is based on shocking and offending people," he said. “People just aren’t tuning in to get their political marching orders."

However, some media experts caution against underestimating the self-proclaimed “King of All Media." Matthew Felling, media director for the Center for Media and Public Affairs, said the New York radio host is as clever as he is crass. And, he said, if Stern keeps up his anti-Bush drumbeat, he could have a greater impact on the presidential election than independent candidate Ralph Nader.
Colleen McCain Nelson, The Dallas Morning News, 3/3/04
http://www.dallasnews.com/sharedcontent/dws/dn/latestnews/stories/033004
dnpolstern.5b3a0.html

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UNITED NATIONS SEEKS PIECE OF THE INTERNET
NEW YORK, NY At a two-day UN summit meeting on the Internet, delegates from many countries appeared eager to in inject the United Nations into the process of overseeing Internet protocols, domain names and network stability. Demands varied, said Declan McCullah, writing for CNET, but “the bottom line was the same: They want a piece of the action in just about every way."

McCullah was unimpressed. Iran was one of the countries pushing for control, however, noted McCullah, let’s recall that Iran ranks in the bottom few percent of the 2004 Index of Economic Freedom, bans more than 10,000 ‘immoral' Web sites and jailed Iranian journalist and Web logger Sina Motallebi last year.

McCullah also describes sincere speeches by Juan Fernandez, the delegate from Cuba’s Ministry of Informatics and Communications. What is not clear to McCullah is “why a nation that tolerates only one political party and last year imprisoned some 80 journalists and peaceful democracy activists should be a model for enlightened thinking about how to preserve an open and democratic Internet."

"All this raises the question whether these are nations that should decide the rules for a worldwide Internet," says McCullah.
From Declan McCullagh, CNET News.com, 3/30/04
http://zdnet.com.com/2100-1107_2-5181812.html

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VACATION FUN COMES BACK TO HAUNT WOMAN
CINCINNATI, OH -- The 6th U.S. Circuit Court of Appeals lifted a lower courts order barring Internet sites from showing images of TV newswoman Catherine Bosley newswoman dancing naked during a wet T-shirt contest at a Key West, Florida bar.

Bosley resigned from WKBN-TV in Youngstown, Ohio, after images and the video of her vacation dance began showing up on the Web. Bosley, who won $250 in a tie for first place in the contest, said she had not given anyone permission to use her picture. She testified that she would not have participated in the dance if she knew pictures would turn up on the Web.

"I was aware of some taking still photographs, yes. I assumed that it was just it was college students," she said. “I was naive."
From The Associated Press, 3/26/04
http://www.signonsandiego.com/news/computing/20040326-1018-brf-
internet-nudedance.html

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OVERBROAD “SELLING TO MINORS BILL FAILS
DENVER, CO -- The state senate here has voted down (21-14) a proposal to make it illegal for booksellers, video store owners and theaters to display or sell to minors materials deemed sexually explicit.

The bill’s sponsors had claimed the measure targeted pornography. However, booksellers, librarians and others feared that its language was broad enough that they could become targets if they sold or checked out books to minors that contained nudity or other materials that “a reasonable adult" might find offensive, as stated in the bill.

"We have a little First Amendment issue," said Senator Norma Anderson, (R-Lakewood) who voted to defeat the measure.

"I’m very disappointed that a majority in the Senate feels it’s appropriate for the state of Colorado to allow pornographers to sell their wares to minors in the state," said Representaive Ted Harvey, (R-Highlands Ranch) who sponsored the bill.
From The Denver Post, 3/30/04
http://www.denverpost.com/Stories/0,1413,36~61~2044614,00.html

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UpComing Events

APR 1 - 3, 2004 -- The Phoenix Forum, Doubletree
La Posada Resort, Scottsdale, AZ http://www.thephoenixforum.com/

APR 4, 2004 X-Con: All X, No Con
Los Angeles, CA http://www.XXX-Con.com/?ref=AINews

APR 26-27, 2004 Celebrate Free Speech Lobbying Days,
Sacramento, CA, 866-FSC-9373

JUN 9-12 Cybernet Expo, San Diego, CA www.cybernetexpo.com

JUN 18-20, 2004 Erotica L.A., Los Angeles, CA, http://www.erotica-la.com/

JUL 7 11, 2004 -- Lifestyles West, Stardust Hotel, Las Vegas, http://lifestyles-convention.com/

JUL 24, 2004 Night of the Stars Sheraton Universal Hotel Los Angeles, CA - 866-FSC-9373

JUL 25 FSC’s Bob Tremont Memorial Golf Tournament, Sylmar, CA, 818-348-9373

AUG 13-15, 2004 Internext -- Westin Diplomat -- Hollywood, Florida www.Internext-expo.com

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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.