This is a very difficult question to answer because it depends on what you are doing exactly and how you are doing it.
There are going to be different laws, regs and codes depending on the method of sale. If you are talking about brick and mortar sales v. online Internet sales v. mail order sales.
There is not only the question of how the sale is made but also whether operating the adult business is legal in that particular state or community.
This is where you will need to spend some money on an attorney.
Do not ship lists are not always up to date. They have to be constantly changed based upon obscenity prosecutions. You have to look at the broad definition of the community in the actual criminal prosecution. It might be as broad as an entire state or as limited as a particular zip code. There isnt a one size fits all do not ship list. It also depends on what you are selling as well.
Surprisingly, there's an obscenity prosecution going on right now in Los Angeles. And Los Angeles is the city with the most obscenity prosecutions of any jurisdiction. But would I stop selling porn in LA, probably not.
So this is really a specific question that has to be broken down and looked at carefully.
Quote:
Freeman v. California which protects legitimate makers porn against charges of pimping/pandering/prostitution has also been tested/adopted in New York
courts.
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Just to let everyone know, from what I am aware of, NY has NOT adopted the Freeman standard of protecting the production of porn. The case Dave is speaking of was a criminal trial of a madame for prostitution related charges, not a prosecution case involving porn production. The Judge did make a statement in his decision of how prostitution is different than porn but that case is not something that can be cited since it was never appealed and its not controlling law.
If there's a different case please let me know cause I am unaware of it.