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Question
Does everyone have a risk of losing there job if lets say having an adult blog or having an adult website of any sort?Or would it just matter if you have a high profile job i mean like lets say jd odenberger starred in an adult film what precautions would you take wear a mask?

Answer
In general, private employment in the United States is "at will" unless there is a contract by which the parties agree differently.

That means that an employer - or the employee - has a right to terminate the employment relationship at any time, for any reason or for no reason, with or without notice.

There are some limits placed on that by mainly state laws but also by federal law. If you were fired for becoming a Mormon or a Lutheran or a member of the Church of Satan, and if you could establish that the reason was your religious belief, or if you could establish that a pattern of persecution followed your religious change that amounted to "constructive termination", you'd almost certainly be able to sue for damages. But aside from specially protected areas such as race, national origin, religious belief, protected whistle blowing, a very small part of the turf in general, in most ordinary employment, in the absence of a contract to the contrary, you can be fired for any or no reason, including disease - and when I hear the stories of people being fired because of medical conditions, it rips my heart out. I should add that there is much litigation about whether an employer has the right to fire someone for matters related to religion, but not for belief itself, but from consequences arising from it, such as the Jew or Jehovah's witness who cannot conscientiously accept work on a Saturday, working for an employer who needs the coverage. I am not a labor lawyer and so my familiarity with the outcome in those cases is only approximate and distant.

So far as I have been able to see, no principle in law protects one from termination - in the absence of a special contract between employer and employee - on the basis of involvement in pornography, as producer, performer, or even as a consumer. Countless persons have been terminated for accessing porn on employer's computers and, so far as I know, no court has ever interfered with that. (I wrote an article some years ago about a Judge in Kansas who was removed by the Kansas Supreme Court for viewing porn on his chambers computer - which I think is a horrible and unfair sanction - because in bench obscenity trials, it's a judge's duty to determine what the community accepts and tolerates - and if he's not permitted to view it, how can he ever decide such a case fairly? http://www.xxxlaw.com/articles/robertson.html) There are innumerable cases in which cops and deputies have been fired for quiet participation in explicit videos - including low profile swinger material - on the basis that the conduct is of a nature to bring disrepute to the employing law enforcement agency - and so far as I have learned, in none of those cases has the termination been reversed by a court.

In general, it's a private discretionary matter between employer and employee, and no court is going to impose on an employer a duty to keep someone involved in porn on the payroll. It is, after all, a free country, our basic principal is liberty, and employer's have the liberty in general to hire and fire as they see fit without the government telling them who they must keep on the payroll. Only a very few protected kinds of reasons will get in the way of firing an employee who is not protected by a contract, and that's how it really should be in a free society. We must protect, within reasonable bounds, the freedom of people to choose those persons with whom they associate, even if we disagree with their standards, or else freedom and liberty are just illusions and state control of private things becomes the reality.

So get involved in porn at your own risk of continued employment! If you choose that route, you have my best wishes, but understand that respect for the autonomy of others means that they can judge you by their own standards, and that you should be prepared for the consequences of your choices, manifested in the opinions and actions of others with respect to you.

You asked about me. There's not much that I do that I am ashamed of, and if I ever participated in porn, I'd do it unmasked and undisguised or I would not do it at all. Fear and shame about the things you like to do is a horrible way to go through life: I suspect that it leads to anxieties that manifest themselves in physical disease and shortens both duration and enjoyment of the quality of life. Do what you love to do, avoid things that bring you shame, and though I'm no doctor, I think you will live a longer and happier life. I believe that God made us to be happy and I think it's a virtue to live a life that searches for enduring happiness, and if there is sin, it lies in decisions that make you and others unhappy. No masks. Do it free and unashamed - or don't do it at all. If your employment gets in the way of that, find employment that will make you happy and permit you the freedom to do the things you love. I quite honestly believe that if you do these things, you will make no mistake.

Best regards,

JD

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J. D. Obenberger

Expertise

Numerous trials, including jury trials, criminal and civil since 1979. Obscenity. Section 2257. Copyright. Trademark. Communications Decency Act Section 230. Right of Privacy/Right of Publicity. Defamation/Libel/Slander. Warning Pages. Adult Internet Sites. Strip Clubs/Gentlemen's clubs. Massage Parlors. Prostitution. I am the author and operator of http://www.xxxlaw.com, the most comprehensive online legal resource concerning the law of adult entertainment online.

Experience

I've been an attorney for 34 years, nearly 20 years as an attorney concentrating in adult entertainment law. Have spoken at 72 adult webmaster show legal seminars and forums in six nations, seven American states, and three provinces of Canada, have appeared on the O'Reilly factor concerning obscenity, have been published by Thompson-Gale. Full qualifications at xxxlaw.com. My firm, J.D. Obenberger and Associates has provided representation in both criminal and civil matters for adult content producers, the operators of adult online businesses, as well as brick and mortar adult operations for nearly twenty years. We provide legal strategy, forms, protocols, and guidance for every kind of adult operation. Our clients find us available 24/7/365 in every emergency. My background includes numerous jury trials including the defense of major drug case in federal court on the Mexican border at Brownsville, forgery, sexual assaults, gun offenses, aggravated kidnapping, and such civil matters as pharmaceutical malpractice, premises and construction liability, and personal injury. I have prosecuted cases in the name of the United States while serving as a Captain in the United States Army Judge Advocate General's Corps. I have represented and advised clients in every part of the United States and from Hong Kong to Budapest. I am a regular columnist for XBIZ World and have published numerous articles in AVN and AVN Online and for YNOT.

Organizations
First Amendment Lawyers' Association, Free Speech Coalition, National Rifle Association, American Legion.

Publications
AVN, XBIZ, YNOT, Online Pornography, published by Thompson-Gale.

Education/Credentials
Doctor of Law, 1979, University of Wisconsin Law School. Dean's List. Graduate, National Institute of Trial Advocacy. Guest Lecturer, John Marshall Law School. I have presented Continuing Legal Education for practicing attorneys. Undergrad BA, the University of Wisconsin, double major in Political Science and History. Graduate, 90th Basic Judge Advocate General's Course on the campus of the University of Virginia.

Awards and Honors
Army Commendation Medal awarded as a Captain, US Army Judge Advocate General's Corps, as the most requested criminal defense lawyer in the US Army, Europe.

Past/Present Clients
No legal issue too great or too hot to handle, no client too small to deserve zealous and effective representation.

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