9th Circuit refuses to block condom mandate for adult film actors
A federal appeals court has refused to enjoin a voter-approved law requiring adult film actors in Los Angeles County, California, to wear condoms during sexual intercourse.
The San Francisco-based 9th U.S. Circuit Court of Appeals said a federal trial court did not abuse its discretion by declining to block the condom mandate in a First Amendment challenge. The National Law Journal (sub. req.) and the Hollywood Reporter’s Hollywood, Esq. blog have stories. How Appealing links to the opinion (PDF) and additional coverage.
The voter-approved initiative known as Measure B regulates sexual speech to prevent the secondary effects of sexual infections, and should be scrutinized using intermediate scrutiny, the appeals court said. The speech at issue isn’t about condomless sex; it’s more generally the erotic message in the adult films, according to the opinion. That means the condom mandate is a de minimis restriction on the expression, rather than a complete ban, the appeals court said.
The appeals court said the de minimis impact is no greater than a pasties and G-string requirement for erotic dancers upheld by the U.S. Supreme Court in 2000.
The 9th Circuit case is Vivid Entertainment v. Fielding.
Prior coverage:
ABAJournal.com: “Judge refuses to block condom requirement for adult film actors”
