CyberHustler

A buck fiddy flailings

asorelli

Since this is nearly at the top, I might as well leave some info up in here, in case anyone happens to be reading this when porn gets banned (jk, but you never know). There were some pre-enforcement challenges by the FSC, no idea how many. As an example, in Florida, because of the Supreme Court's RECENT 6-3 opinion in Free Speech Coalition v. Paxton it significantly reduced the chances of a successful challenge to Florida's law, so it was willingly dropped/dismissed. I don't know if that happened / will happen with the other states in the future, but that's about all the additional info I could find.

I don't think this is something that cost billions, or even millions to fight, since it's not un-common for individuals or groups to file pre-enforcement challenges against laws that regulate speech on topics including politics, video games, unions, pornography and many other topics. No idea of the success rate, but regardless, it's possible without having to hire an attorney / law firm. Challenging unjust laws that violate constitutional rights is a hallmark of civil-rights litigation, so I was curious why not many were involved.

I have no idea what happened in Louisiana (if anything) or Utah either, except for this.

"The lack of a viable pre-enforcement constitutional challenge against Utah’s law “is chilling” for adult entertainment companies, said Eidelman of the ACLU. “That means that they have to worry about the possibility of any number of private suits if they don’t follow this law that they view—I view—as unconstitutional.”

pornlaw

Do you have an idea how much it costs to challenge a law to the either a state's supreme court or the US Supreme Court ? Multiple that by 25 for the number of states that will have AVS laws in the next few months.

Lawyers will not be lining up to sue adult companies unless their hourly rates are being paid in advance by an organization such as NCOSE. Lawyers despise working for free. And adult companies, except for the largest ones are not great targets. Lawyers do not know where they are registered, they dont know where their banks are located and whether they have any assets at all. Which makes it doubtful - even in victory, a firm will be able to collect on a judgement. And its highly doubtful that Mom & Dad are going to pay $750 per hour to sue an adult site because they caught Little Timmy jerking off.

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Michael

www.AdultBizLaw.com

asorelli

Thanks for jumping in this thread.

I'll agree with this:

But, I do believe lawsuits and/or criminal charges (3 states) will be coming soon, as the resources they have available to them are far greater than the private lawsuits you were referring to.

I do have an idea of rates, of course. However, I don't think it's in the billions or 100s of milllions to file a pre-enforcement challenge. I mean really, how much time is involved in filing an initial brief or motion?

And since you asked, in regards to how much attorney's charge, yeah, I think most attorneys charge outrageous fees and I think this system is designed to work in their favor (for the most part). No disrespect, I have no idea how much you charge and my comment is based on my own experiences. But, that's another topic in itself and I can go on and on about it.

Anyway, I'm curious if and/or how this may affect other constitutional rights at some point. Feel free to give some input if you'd like. Appreciate it.

Edit (Added)
Perhaps my original example was not the best, as those companies are clearly well funded. However, it's important to mention that there are numerous cases where businesses or individuals (not so well funded) file lawsuits challenging a law based on alleged violations.