Why is it that appearing in a porn movie or on a porn web site (that is, performing a sexual act with a stranger for money) is legal, but prostitution or soliciting a prostitute (that is, performing a sexual act with a stranger for money) is illegal?
3 thoughts on “Why is it?”
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I think it has something to do with the 1st Amendment. The 1st Amendment protects protects speech (arguably porn is speech for purposes of the 1st Amend.) but not behavior (sex for money). Also, if porn is determined to be “obscene” and appeal to “prurient interests” (by the standard of a Supreme Court case I can’t remember), then it would not be entitled to protection under the 1st Amendment. So, I guess porn isn’t always legal and prostitution (which is regulated by state legislatures) isn’t always illegal.
Perhaps if mainstream corporate America was making billions from prostitution it too would be legal.
I think it has something to do with the fact that no one has any behavioral expectations for actors.