Saturday, December 13, 2008

SLAPP...And Porn Vs. Prostitution

I have been reading about SLAPP suits (among other legal internet topics) today as I have an interest in the law and how it pertains to the interwebs. SLAPP suits are lawsuits that filed against people who speak out, typically on a public issue (SLAPP stands for Strategic Lawsuit Against Public Participation). It seems that these suits are often brought about by larger companies or organizations who use their money/resources to quiet individuals who speak out against them.

Basically, its bullying and though the claims may be unsubstantiated, "defending a SLAPP, even when the legal defense is strong, requires a substantial investment of money, time, and resources. The resulting effect is a "chill" on public participation in, and open debate on, important public issues. This "chilling" effect is not limited to the SLAPP target(s): fearful of being the target of future litigation, others refrain from speaking on, or participating in, issues of public concern" (taken from http://www.thefirstamendment.org/slapp.html#1).

I had never heard of SLAPP suits before and I find it to be a highly interesting topic. I am not concerned for my own sake as nothing I say is controversial or of much consequence. But for my users and for the voice of the people as a whole, this topic interests me greatly. Luckily, my state, Illinois, along with 24 others have anti-SLAPP laws...

Read more: http://www.citmedialaw.org/ and http://www.thefirstamendment.org/slapp.html


Onto the porn:

Now another suit that caught my attention (of course and totally not related to the internet) is that of one where the state of New Hampshire distinguishes between pornography and prostitution. It seems that if I were to hire people to act in a porno for me and I'm filming the act(s) it is NOT prostitution because I am not receiving sexual gratification - only the hope for profit. But if I were to not film the act(s), and/or receive sexual gratification then it would be prostitution....Hmmmm....So profiting monetarily is ok, but profiting sexually is not....Now, what happens if I'm filming my movie, with my paid actors, and happen to get turned on? How would the courts determine my intent?

Our society drives me a little nuts - so puritanical, so capitalistic and so judgmental!! Sigh...

Read the story here!

And randomly The Pretenders and 2000 Miles: