Adult Film/Florida Laws

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Expert: - 8/5/2008


Question
I've looked over a lot of questions on this site pertaining to State Laws and noticed that one of the answers stated that only in California is it legal to operate an adult production company. How do the companies in Miami/Fort Lauderdale manage to do so then?

Answer
Yes, it is true that California is the only state in which it is settled law that the production of adult content is protected under free speech grounds.

Again, this is not to say that is necessarily "illegal" to produce adult content in other states - but you run the risk of violating those states' obscenity or other laws.

If you think that all companies in Florida managed to get away with it, think again.  Simply Google "Max Hardcore" and "Ray Guhn" to see how certain jurisdictions within Florida prosecute certain types of adult content.

In short, it is very risky to product adult content in the state of Florida in its current political climate.

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Dan Pepper

Expertise

Lawyer representing adult industry businesses and entertainers, and can answer questions related to:

How to start an adult film business or adult website LEGALLY.

What laws to be concerned about with getting into the adult entertainment industry.

What terms and conditions do you need on your adult website.

How to comply with 18 USC 2257 - the federal record keeping requirements.

What forms and agreements do you need for models and crew.

How to deal with copyright and trademark laws.

Before asking your question, I recommend visiting adultwebsitelawyer.com and requesting a copy of the Top 6 Considerations of Starting an Adult Entertainment Business. You may find your question answered there.

I ALSO DO NOT ANSWER QUESTIONS FROM MALES INTERESTED IN STARRING IN ADULT FILMS.

Experience

I have been practicing law since 1994, and have represented numerous businesses and entertainers in the adult entertainment industry as the managing member of Pepper Law Group, LLC, at adultwebsitelawyer.com. My firm also operates 2257Sentry, one of the industry's leading 18 USC 2257 custodian record keeping services for producers of adult content.

Organizations
Free Speech Coalition, Frequent speaker at adult industry events including the Internext Expo and Exxxotica New York; interviewed in AVN Online; regular contributor to XBiz World

Publications
XBiz World AVN Online

Education/Credentials
BA in Political Science, JD (law degree)

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