This newsletter is sent free of charge to FSC members and supporters. For personal contact, call 1-800-476-7813.

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

Vol. VI, No. 29, June 11,, 2004 -- A Member Service of the Free Speech Coalition
__________________________________________________________
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.
__________________________________________________________
VISIT OUR WEBSITE FOR FSC MEMBERSHIP INFORMATION
http://www.freespeechcoalition.com
__________________________________________________________
MAKE PLANS NOW! - NIGHT OF THE STARS - JULY 24

Hurry to place your ad in the Night Of The Stars event program, the deadline for artwork is less than a week away! Sponsorships are also available. E-mail us at FSC@freespeechcoalition.com or call 866-FSC-9373 and we will rush you a pledge form and artwork specifications.

EROTICA L.A. -- JUNE 18-20
Since Erotica L.A. generously donates a portion of its proceeds to FSC, we urge you to attend. Erotica LA has been the leading erotic and sensual entertainment show in the country. With over 150,000 square feet of space, this annual consumer exposition showcases over 220 companies in the romantic and erotic entertainment marketplaces.

Shop for erotic novelties, movies, clothing, romantic items, artwork, and much more! The variety of merchants, live stage and fashion shows, educational seminars and an erotic museum make the Erotica Los Angeles show the premier erotic event of the year! Be sure to stop by the FSC booth (#102). We will be registering voters with the help of adult video stars Shayla LaVeaux, Adam Glasser (Seymore Butts), Heather Dupree and others. To exhibit or attend Erotica Los Angeles visit www.Erotica-LA.com!

ASSEMBLY REPORT ON REGULATION DUE SOON
VAN NUYS, CA California Assemblyman Paul Koretz (D-West Hollywood) recently held a hearing here of the Assembly Labor and Employment Committee, gathering testimony from health officials and adult film stars and producers regarding possible regulation of the adult entertainment industry. Discussions included both sides of mandatory condom use, with Free Speech Coalition Executive Director Kat Sunlove, among others, expressing concern that mandatory condom use would force many workers into the underground “rogue industry" where performers would not be tested and be in more danger of contracting HIV.

On the other side of the issue, county public health officer Dr. Jonathan E. Fielding said performers face a life-threatening disease that is largely preventable with the use of condoms.

"Just as we would not allow a construction worker to be on a job site without a hard hat, we should not allow adult film workers to work without condoms," said Fielding.

A committee report on the meeting is expected within a few weeks, to include Koretz’s recommendations. Koretz has said that he is unsure of what his recommendations will be at this point. “It’s a lot of food for thought and we’re going to analyze all of the information we have and come up with something thoughtful and intelligent to respond," he said.

"How far is not enough regulation and how far is too much and likely to force people out of state or underground? We want to minimize the risk, not increase it by driving people away from the protections that already exist," Koretz said.

"I suspect that things will move in a direction of attempting to reach a consensus between the adult industry and the people pushing for regulation for something that is workable for both sides," he said.
From Troy Anderson, Los Angeles Daily News, 6/4/04
http://www.dailynews.com/Stories/0,1413,200~20954~2193478,00.html
And from Scott Ross, Adult Video News, 6/10/04
http://www.avn.com/index.php?Primary_Navigation=Articles&Action
=View_Article&Content_ID=106423

ADULT LICENSING CASE DECIDED
WASHINGTON, DC The U.S. Supreme Court decision handed down this week in City of Littleton v. Z.J. Gifts has not satisfied First Amendment advocates. The Court granted review in the case to clarify whether the First Amendment requires a prompt decision, or merely prompt access to the courts when governments review applications for adult business licenses. The high court ruled that courts must rule promptly on appeals filed by owners of the businesses. Merely allowing owners to file their appeals promptly is not enough to protect First Amendment interests.

That sounds good on the face of it. However, Justice Breyer, who wrote the unanimous decision, went on to say that Colorado’s regular procedures for handling civil lawsuits satisfy the requirement for prompt decisions.

"We have no reason to doubt the willingness of Colorado’s judges to exercise these powers wisely so as to avoid serious threats of delay-induced First Amendment harm," Breyer wrote. If there is any undue delay, he suggested, “federal remedies would provide an additional safety valve."

"I don’t know that they fixed anything," said Cincinnati lawyer H. Louis Sirkin, who filed a brief in the case on behalf of the First Amendment Lawyers Association. “Breyer’s 'trust the courts' attitude is not justified, said Sirkin. “The court is a little unrealistic when it says the courts will do what they are supposed to do."
From Tony Mauro, First Amendment Center Online, 6/8/04
http://www.firstamendmentcenter.org/analysis.aspx?id=13488

ACACIA CLASS ACTION VERSUS ADULT INTERNET
SAN DIEGO, CA -- Acacia Research Corporation, which notoriously has a business plan of acquiring technological patents and then suing companies (including many adult industry companies) for violation of the patents, has now enlarged the scope of their ambition by trying to put a patent on all adult entertainment websites that require a 2257 statement. They have filed a class action lawsuit against all 2257 websites with video or audio which are not paying a percentage of revenues to them. A judge should be making a decision soon whether to approve of this class action. According to Brandon Shalton at Fight the Patent, if the judge approves the lawsuit, it will mean every adult site that has audio or video will now have to deal with Acacia.
From Brandon Shalton, Fight The Patent.com
http://www.fightthepatent.com/v2/ClassAction.html

CLEAR CHANNEL SETTLES WITH FCC
WASHINGTON, DC The Federal Communications Commission has announced a record $1.75 million settlement with Clear Channel Communications for a range of indecency violations and complaints against Howard Stern and other radio personalities. When the FCC’s enforcement bureau levies a fine, a broadcaster can choose to pay it, contest it, or negotiate a settlement. It takes a majority vote of the FCC’s five commissioners to demand a fine or accept a settlement. Washington Post sources said the deal was approved by a vote of 4 to 1.

The deal clears not only Clear Channel’s outstanding fines but dozens of listener complaints in the FCC’s indecency pipeline that have not been ruled on. If those complaints had became fines, they could have cost the radio company millions.
From Nation Digest, 6/10/04
http://seattletimes.nwsource.com/html/nationworld/2001952635_ndig10.html
And from Frank Ahrens, The Washington Post, 6/9/04
http://www.boston.com/news/nation/washington/
articles/2004/06/09/clear_channel_and_fcc_said_to_reach_deal_on_indecency/

INDECENCY RULES BILL LOSES STEAM
WASHINGTON, DC Broadcast indecency legislation appears stalled in the Senate. The House of Representatives passed a bill in March, on a vote of 391 to 22, that would greatly increase the financial penalties on broadcasters found to have violated so-called standards of decency. But a measure approved by the Senate Commerce Committee in March has yet to be scheduled for discussion by the full body.

The delay in bringing the Senate bill to the floor is tied partly to the broader politics of the Senate, where Republicans do not reign as supreme as in the House. In addition, the Senate version contains other controversial provisions -- including one that would seek to curb violent content on television, not just sex and swearing -- that the House bill explicitly avoided.

The Senate bill would also seek to roll back, at least temporarily, rules passed by the FCC last year that would permit media conglomerates to own newspapers in markets where they already own radio and television stations.

"All players would confess that if the Senate media ownership provision remained in the bill, then it would not move,’’ said the bill’s sponsor, Representative Fred Upton, a moderate Republican from southwestern Michigan
From Jacques Steinberg, The New York Times, 6/7/04
http://www.nytimes.com/2004/06/07/business/media/07decency.html

CRUSADING PREACHER ELECTED MAYOR
KENNEDALE, TX -- About six months ago, Pastor Jim Norwood, of the Oakcrest Family Church, started a campaign to curtail business local sex shops. Late last month, he won the city’s mayoral post in a landslide vote.

Norwood’s “camera crusade" started during December. He would photograph licenses plates of vehicles parked in the lots of Kennedale sexually oriented businesses and send the registered owners a postcard inviting them to attend his church. Norwood said city residents approached him about a run for the mayor’s office after the camera crusade began. He credits his role as a civic and church leader with his landslide victory in the mayoral election.

Now, Norwood said he plans to continue the fight against sexually oriented businesses in Kennedale from the mayor’s office. He said his position as mayor allows him to make sure customers follow city laws and keep pressure on the business owners.

Some of the adult business owners feel his tactics are unfair. However, Mayor Norwood says he knows his legal rights.
“The battle is not mine," he said. “It’s the Lord’s, and I’m confident that I’m not going to be sued."
From a local news station, 6/1/04
http://www.nbc5i.com/news/3369257/detail.html

UpComing Events

JUN 17 -- FOXE 1/3 (Fans of X-Rated Entertainment Awards) Inglewood, CA (818) 501-6139

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

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

JUL 24 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

JUL 26-28 ANME, Sheraton Universal Hotel, Los Angeles, CA - 818-772-0100

AUG 8, 2004 - Fit For a King, John C. Holmes 60th Birthday -- Hollywood, CA (818) 501-6139

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

AUG 29-SEPT 4, 2004 -- Gentlemen’s Club Owners Expo and Exotic Dancer Fan Fair, Mandalay Bay Hotel & Casino, Las Vegas, NV - www.ExoticDancer.com.

Subscriptions to Free Speech X-Press are FREE to FSC members. Contact us at Sunlove@direcway.com or 800-476-7813.

Kat Sunlove
Legislative Affairs Director
Free Speech Coalition
P.O. Box 907
Cool, CA 95614
530-888-1554