I’ve been meaning to do something about this for maybe twenty years, and I’m not going to waste another minute putting it off. For now, this post will be the barest outline.
Progressives mostly agree that marijuana is still illegal in most states in order to keep the alcohol, paper and timber industries happy. Of course the law and defense enterprises benefit as well, all at taxpayers’ expense. We know that prohibition does not work, and it’s a moot point whether these anti-pot laws will finally crumble before global warming crumbles us.
Anti-prostitution laws are wrong for similar reasons. The foremost reason being that PROHIBITION DOES NOT WORK. Most first world countries “get this,” but USA always has to drag up the rear (no pun intended).
The consequences of anti-prostitution laws are similarly heinous and expensive, financially, ethically and socially (i.e. human suffering etc) as the anti-drug laws. How any of us “feels” about non-prescription drug use or prostitution is irrelevant. We are not talking about prohibitions against child abuse here.
Again, this is just a very broad outline, with much more to come, Ford willing.
Here is how we can force the issue. The first amendment protects porn film participants at every level, actors, directors, producers, film techs and so on, from any kind of prosecution because the first amendment protects their freedom of expression. So all sex-workers need do is set up a computer with video capability and some simple software (or heck, a smart phone with an application), and a printer. Even most smart-phones have video capabilities.
When the sex-worker (SW) and the john (or jane, as the case may) arrives at the designated place where the allegedly illegal act will take place, the following occurs first. Just as cops read arrestees their Miranda rights, the SW informs the client that they are producing a porn video. The SW is the producer, the client is the distributor with COMPLETE CONTROL of distribution. The software or app then produces all the legal verbiage that must be part of a formal commercial film product. The client signs a print out of an agreement confirming the production of this video. As sole distributor, the client has the right to not distribute the video.
Voila, case closed. The SW performs the service (and is named as actor in the video, as is the client), the act is taped. The client gets a dvd (or the video is sent to a designated email address) and signs that he has “received,” the product. Oh, and the software will blur the faces of the participants, if so desired.
At this point, the transaction is 100% legal in all fifty states.
Try to find a hole in that! Again, no pun intended.