The AIDS Healthcare Foundation announced recently it will launch a signature drive seeking to put a condoms-in-porn measure on California’s 2016 ballot. The group says it’s an issue of workplace safety.
But it’s also an issue of constitutional rights. A law requiring performers to wear condoms is a law that changes the content of entertainment, which is speech, and the content of speech is protected by the First Amendment from government meddling.
The issue of workplace safety may be a legal front for the real goal of the law.
Ever since screen legend Clark Gable took off his shirt in a 1934 film to reveal his bare chest, triggering a nationwide plunge in the sales of men’s undershirts, people have known that entertainment has a tremendous influence over behavior.
The director of “It Happened One Night” later explained that the actor didn’t wear an undershirt because removing it slowed down the scene. Frank Capra wasn’t lobbied by anti-undershirt activists or contacted by government officials about public wardrobe issues.
Today, that kind of outreach is part of the entertainment landscape. White House adviser Valerie Jarrett met with Hollywood writers and producers about creating storylines featuring the Affordable Care Act. The Centers for Disease Control has …read more