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. 31, June 25, 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

What if we gave a party and everybody came? It’s starting to look that way. Juli Ashton has agreed to be Mistress of Ceremonies. We are lining up great entertainment. The best tables are filling fast. There are still some sponsorship tables and banners available, but better hurry. E-mail us at FSC@freespeechcoalition.com or call 866-FSC-9373 and we will rush you a sponsor pledge form and banner artwork specifications.
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ACTIVISTS RALLY FOR CONDOM USE
BEVERLY HILLS, CA - Approximately 20 AIDS activists recently held a protest in front of the Flynt Publications offices here. Carrying large, photogenic, condom mock-ups, the protestors called on Flynt’s Hustler label to adopt a 100 percent condom use policy for adult videos.

“We think it’s Larry Flynt’s responsibility to set an example," said Michael Weinstein, president of the AIDS Health Care Foundation. “We don’t need any more patients. The recent outbreak in the adult film industry is an indication that the testing methods (administered by the nonprofit Adult Industry Medical Healthcare Foundation), which we think are very good, are not sufficient to protect the actors."
From Angela Watercutter, Associated Press. 6/17/04
http://www.boston.com/yourlife/health/diseases/articles/2004/06/17/

aids_activists_call_for_condoms_in_porn/
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AOL EMPLOYEE HACKS DATA, SELLS TO SPAMMERS
DULLES, VA -- Jason Smathers, 24, has been arrested here for stealing 30 million e-mail addresses and screen names from America Online databases and selling them to spammers. Smathers, who became an AOL employee in 1999, hacked illegally into the company computers, obtaining other AOL member information as well, including telephone numbers and Zip codes. Spammers used the e-mail addresses to send millions of e-mails peddling herbal penile enhancement products. AOL, which helped investigators surreptitiously monitor Smathers, said that it is reviewing and strengthening its internal controls.
From Jonathan Krim, David A. Vise, Washington Post, 6/24/04
http://www.washingtonpost.com/wp-dyn/articles/A860-2004Jun23.html
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PANEL DEBATES CENSORSHIP SOFTWARE BILL
WASHINGTON, DC - A bill which would make it legal to provide technology that electronically edits movies to remove offensive scenes and language was the subject of a recent hearing in the House Judiciary Committee here. The primary purpose of the bill is openly to protect ClearPlay, Inc. from a lawsuit the Directors Guild of America and prominent film producers such as Steven Spielberg filed two years ago against ClearPlay.

Representative Howard Berman (D-Van Nuys) noted that “until a judge rules against ClearPlay, there is no problem for Congress to correct." However, Representative Lamar Smith (R-Texas), the prime sponsor of the legislation, said he felt he had to introduce the bill to save ClearPlay from the ongoing financial burden of litigation.

Motion Picture Association of America Chairman Jack Valenti said Smith’s proposal unfairly influences negotiations between the two parties. He also lashed out against the technology itself, saying the software, which removes graphic sex and violence from movies, “disfigures" the filmmaker’s original vision.
From Lisa Friedman, L.A. Daily News, 6/17/04
http://www.dailynews.com/Stories/0,1413,200~20954~2219607,00.html
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GOOD CITIZEN ADULT STORE GETS NO BREAK
DEDHAM, MA - The Zoning Board of Appeals here has turned down a request by Capital Video Corporation to move its Amazing.net store from one side of its present location in a retail complex to another. This despite the fact that plastic screens cover the windows of Amazing.net, shielding outsiders from what’s inside the adult entertainment store and that for a decade there has been peace between the town and store without incident.

Lesley Rich, attorney for Capitol Video, says the owner of the complex has plans for the site that could displace the store.
“At some point we could lose our lease if the landlord ultimately wanted that space," he said. ‘’He’s trying to entice a rather large tenant. We’re trying to accommodate him."

The problem is the town voted for special zoning after Amazing.net moved in, so they could have more control if another adult entertainment establishment tried to set up shop. However, since then, according to Rich, “The space that they’ve designated for adult stores in Dedham is landlocked. It’s owned by Stop & Shop, and it’s impossible for anyone to get in."

Rich contends that by denying Amazing.net’s request, the town has infringed upon the store owners' constitutional right to free speech, since they may have no viable place to sell its wares.
From Maria Cramer, The Boston Globe, 6/20/04
http://www.boston.com/news/local/massachusetts/articles/2004/06/20/

porn_shops_effort_to_move_threatens_peace_with_town/
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WEBSITE PROTECTIONS BOLSTERED BY COURT
WASHINGTON, DC -- U.S. District Judge Gladys Kessler has ruled in a case involving a D.C. exotic dancer who sued an online advertising guide called the “Eros Guide." Elizabeth Ramey claimed Eros Guide had published third-party advertisements featuring her likeness for an adult entertainment service that had not gotten her authorization. At stake are the limits of special immunity, granted under the 1996 Communications Decency Act to Websites for their subscribers' illegal activities. Section 230 of the CDA has proved to be a crucial defense for Internet service providers and Websites when they are sued over subscribers' postings.

However, in recent cases, the courts have begun to waver on the limits of Section 230 immunity. That is why this case (Ramey v. Darkside) will help Website owners rest a little easier. Ramey had claimed Eros Guide had lost its Section 230 immunity because it made “minor alterations" of the advertisement in question, for example, putting its own Web address and a watermark on the images.

Judge Kessler disagreed:
“Because defendant did no more than select and make minor alterations to (the) advertisement, it cannot, as a matter of law, be considered the content provider of the advertisement for purposes of Section 230," Kessler wrote in her decision.
From Paul Festa, CNET News.com
http://news.com.com/Decision+bolsters+online-publisher+immunity/

2100-1024_3-5245395.html?tag=nefd.hed
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BROADCAST INDECENCY BILL MOVES IN SENATE
WASHINGTON, DC -- Two weeks ago we reported that broadcast indecency legislation appeared to be stalled in the Senate (see “Indecency Rules Bill Loses Steam," X-Press, 6/11/04). That’s the way it looked from news sources at the time, which painted a picture of a Senate with considerable resistance to the proposal. Now, however, the Senate has moved the measure without debate as part of the massive defense bill expected to pass soon. With only one vote against it, the Senate agreed to fine radio and television broadcasters and personalities as much as $3 million a day for airing indecent entertainment.

Under the measure, the maximum fine for both broadcasters and entertainers would increase to up to $275,000 per indecent incident, up from $27,500 for license holders and $11,000 for personalities. The fines would keep increasing for each incident up to a maximum fine of $3 million a day. The House passed a similar bill that would set fines at $500,000. Differences between the two bills must be worked out in a Senate-House conference committee.
From The Associated Press, 6/23/04
http://www.firstamendmentcenter.org/news.aspx?id=13556
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FREE CDs SENT TO LIBRARIES, BUT LIST CENSORED
COLUMBIA, SC - From classical to hip-hop to bluegrass to electronica, the music CDs South Carolina libraries expect to get, as a result of a nationwide price-fixing settlement with the record industry, are diverse. The record industry will distribute about $75 million in CDs to all the states.

Not included, however, in the shipments to South Carolina libraries, are those state Attorney General Henry McMaster has crossed off the list, including titles by Rapper Eminem and actors Cheech and Chong, known for their dope-smoking comedy bits.

Denyse Williams, executive director of the South Carolina office of the ACLU, thinks McMaster’s action violates the law.
“When the chief law enforcement officer decides to make a wholesale decision, it’s prior restraint," she said.
From The Associated Press, 6/20/04
http://www.firstamendmentcenter.org/news.aspx?id=13542
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BILL OF RIGHTS PART OF EUROPEAN CONSTITUTION
BRUSSELS, BELGIUM - The European Union has crafted a historic constitution at a summit which appeared at one stage to be heading for failure. The constitution includes a 50-article charter of fundamental rights, with the right to free speech and religion as well as shelter, education and fair working conditions. However, it may be an uphill battle to sell it in the streets and parliaments of Europe, especially in Britain, where skepticism about more integration is growing. The treaty ends national vetoes in some 50 new policy areas, including judicial and police cooperation, education and economic policy -- and that’s what alarms many in capitals where opponents see the birth of a federal superstate.

Bertie Ahern, the Irish prime minister credited with clinching the agreement in Brussels, said he was convinced Europeans would embrace the charter. He said the treaty would help safeguard human rights and democracy, and that its promise to promote peace “will resonate with all decent people."
From the Associated Press, 6/20/04
http://www.cnn.com/2004/WORLD/europe/06/20/eu.future.ap/index.html

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UpComing Events

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

JUL 14 - 16 - VSDA’s Home Entertainment 2004, Venetian Hotel Casino, Las Vegas,
www.homeentertainmentevents.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.

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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.

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