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Judge Rules 'Girls Gone Wild' Is Not Porn
Associated Press ^ | Mar. 09, 2004 | AP

Posted on 03/09/2004 11:17:45 PM PST by Redcloak

Posted on Tue, Mar. 09, 2004


Judge Rules 'Girls Gone Wild' Is Not Porn


Associated Press

A videotape of an underage girl exposing her breasts is not child pornography, a judge decided Tuesday in a criminal case against the producer of the "Girls Gone Wild" video series.

Joe Francis, 30, and several of his employees were arrested at Panama City Beach while filming during spring break last April. Bay County sheriff's deputies charged Francis with racketeering related to prostitution and other crimes, based largely on videotapes of girls under 18.

Many of the 43 counts he faces hinge on what conduct is considered illegal or pornographic.

"This ruling shows that the entire fabric of that claim is wrong," said defense lawyer Aaron Dyer of Los Angeles. Dyer said he expected the ruling to undermine at least 90 percent of the case.

Circuit Judge Michael C. Overstreet made his decision in ordering that defense lawyers be allowed to copy tape confiscated during a search of Francis' rented condominium last spring.

Prosecutors had tried to prevent the copying on grounds the videotape showing a girl "flashing" her breasts was illegal child pornography. Florida's child pornography law makes the depiction of "sexual conduct" illegal and defines that term to include physical contact. There was no physical contact in the video.

State Attorney Jim Appleman did not immediately return a call seeking comment.

Prosecutors contend Francis and his video crew enticed girls they knew were underage to expose themselves. The defendants deny the allegation and say the girls had lied about their ages.

Francis owns Mantra Entertainment Inc. of Santa Monica, Calif., which produces and distributes the videos.


TOPICS: Crime/Corruption; Culture/Society; Extended News; US: California; US: Florida
KEYWORDS: activistjudge; barebreasts; childporn; childpornography; clintonlegacy; culture; culturewar; denialaintariver; exhibitionism; flashing; ggw; girlsgonewild; itsjustsex; jailbait; judicialtyranny; lesbiansituations; naked; nude; nudity; permissivesociety; porn; pornographer; poronography; sexualizingchildren; underagegirls
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Saying that it isn't porn is going to put a damper on their sales!
1 posted on 03/09/2004 11:17:46 PM PST by Redcloak
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To: Redcloak
Oh really? You think my wife wouldnt mind me watching it then?

2 posted on 03/09/2004 11:20:39 PM PST by WOSG (http://freedomstruth.blogspot.com - Disturb, manipulate, demonstrate for the right thing)
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To: WOSG
The title's wording is "interesting". At first, I thought that the judge wasn't pleased with his order. I can just picture him berating the defendant:"This isn't porn! Here, lemme show ya some porn!" ...then reaching into a drawer to pull out a video tape in a plain, brown wrapper.
3 posted on 03/09/2004 11:24:29 PM PST by Redcloak ("Aye...And if my grandmother had wheels, she'd be a wagon." -Capt. Montgomery Scott, Starfleet, ret.)
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To: WOSG
I think judges have gone way off the reservation.
4 posted on 03/09/2004 11:28:02 PM PST by GeronL (http://www.ArmorforCongress.com......................Send a Freeper to Congress!)
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To: All
From dictionary.com:

6 entries found for pornography.

por·nog·ra·phy   Audio pronunciation of "pornography" ( P )  Pronunciation Key  (pôr-ngr-f)
n.
  1. Sexually explicit pictures, writing, or other material whose primary purpose is to cause sexual arousal.
  2. The presentation or production of this material.
  3. Lurid or sensational material: ?Recent novels about the Holocaust have kept Hitler well offstage [so as] to avoid the... pornography of the era? (Morris Dickstein).


[French pornographie, from pornographe, pornographer, from Late Greek pornographos, writing about prostitutes  : porn, prostitute; see per-5 in Indo-European Roots + graphein, to write; see -graphy.]
por·nogra·pher n.
porno·graphic (pôrn-grfk) adj.
porno·graphi·cal·ly adv.

[Download or Buy Now]
Source: The American Heritage® Dictionary of the English Language, Fourth Edition
Copyright © 2000 by Houghton Mifflin Company.
Published by Houghton Mifflin Company. All rights reserved.

pornography

( P )  pornography: log in for this definition of pornography and other entries in Merriam-Webster Dictionary of Law, available only to Dictionary.com Premium members.

Source: Merriam-Webster Dictionary of Law, © 1996 Merriam-Webster, Inc.

pornography

\Por*nog"ra*phy\, n. [Gr. ? a harlot + -graphy.] 1. Licentious painting or literature; especially, the painting anciently employed to decorate the walls of rooms devoted to bacchanalian orgies.

2. (Med.) A treatise on prostitutes, or prostitution.

Source: Webster's Revised Unabridged Dictionary, © 1996, 1998 MICRA, Inc.

pornography

n : illegal activities designed to stimulate sexual desire [syn: porno, porn]

Source: WordNet ® 1.6, © 1997 Princeton University

pornography



<application> Still or moving images, usually of women, in
varying states of nudity, posing or performing erotic acts
with men, women, animals, machines, or other props. Some say
it degrades women, some say it corrupts young boys (who
down-load it from the World-Wide Web or exchange it on
floppy disks). Most of it is in the form of JPEG images.
There are many sites on the World-Wide Web offering porn of
all sorts, almost always for a subscription. It is said that
these are a driving force in the evolution of new technology
and techniques for the web. Advertisments for them certainly
constitute a significant proportion of all spam. There are
even pornographic computer games, an early example being Mac
Playmate
.

Beware - many institutions, particularly universities, have
strict rules against their computers and networks being used
to transfer or store such things, and you might get corrupted.

(2002-03-08)

Source: The Free On-line Dictionary of Computing, © 1993-2003 Denis Howe

pornogra
5 posted on 03/10/2004 12:15:15 AM PST by unspun (The uncontextualized life is not worth living. | I'm not "Unspun w/ AnnaZ" but I appreciate.)
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To: Redcloak
Saying GGW is child porno is really insipid. It is soft core porn at best.
6 posted on 03/10/2004 12:20:04 AM PST by cyborg (In die begin het God die hemel en die aarde geskape.)
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To: All
Anyone see "Curb Your Enthusiasm" last week?
7 posted on 03/10/2004 12:21:07 AM PST by bonfire
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To: Redcloak
Judges Gone Wild


8 posted on 03/10/2004 1:11:44 AM PST by ppaul
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To: Redcloak; lawgirl
Florida's child pornography law makes the depiction of "sexual conduct" illegal and defines that term to include physical contact. There was no physical contact in the video.

So, in Florida, someone can have pictures of kids as long as there is no 'physical contact' in the pictures? Huh? This is silly!

9 posted on 03/10/2004 1:13:27 AM PST by spetznaz (Nuclear missiles: The ultimate Phallic symbol.)
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To: Redcloak
So it's okay to watch/tape underage girls? Business ought to boom, eh?
10 posted on 03/10/2004 1:19:13 AM PST by thegreatbeast (Quid lucrum istic mihi est?)
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To: thegreatbeast
So it's okay to watch/tape underage girls?

The ruling certainly seems to state that it's legal. Not only is it legal to tape them flashing their breasts, it's apparently legal to knowingly seek out underage girls to get them to flash their breasts for pornography (because that's what the GGW film crew was accused of doing). This is insane.

11 posted on 03/10/2004 1:32:12 AM PST by xm177e2 (Stalinists, Maoists, Ba'athists, Pacifists: Why are they always on the same side?)
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To: thegreatbeast
Moreso, it is legal to ask minors to show their breasts (even in the absence of a camera)?

Can minors be "exotic" dancers since that is art and not sex?

Can a minor sign a release to appear topless in a video? I thought only people over 18 could do that (without a parental cosignature)?

Are all of those Traci Lords videos legal now? What if there were shot in states where the age of consent for sex is 16?
12 posted on 03/10/2004 1:48:43 AM PST by weegee ('...Kerry is like that or so a crack sausage.')
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To: Redcloak
Prosecutors had tried to prevent the copying on grounds the videotape showing a girl "flashing" her breasts was illegal child pornography. Florida's child pornography law makes the depiction of "sexual conduct" illegal and defines that term to include physical contact. There was no physical contact in the video.

This is a bad ruling. Would "Girls Gone Wild" be considered porn if there were only adults in it? Probably not. But underaged girls changes the whole equation, and federal law is pretty clear on that.

13 posted on 03/10/2004 1:51:03 AM PST by NYCVirago
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To: NYCVirago
Perhaps they need to be prosecuted under federal law in addition to these Florida law cases they face.

Even a clothed minor can be shot in a "lacivious" manner according to some rulings.
14 posted on 03/10/2004 1:52:24 AM PST by weegee ('...Kerry is like that or so a crack sausage.')
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To: Redcloak
Bill O'Reilly is probably going to wet himself in outrage over this one...
15 posted on 03/10/2004 1:54:23 AM PST by Keith in Iowa (Democrats are the real asses of evil.)
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To: Redcloak
You think the judges might have a slightly different view of these videos if it were their daughters being taped?
16 posted on 03/10/2004 3:06:10 AM PST by phenn (http://www.terrisfight.org)
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To: Redcloak
During Spring Break in Panama City Beach (where I am...and it's S.B. now) you will see almost as much exposed 'skin' on Front Beach Road as you'd ever expect to see in that movie.

The traffic moves at a pace slower than walking and the female occupants of the vehicles expose themselves for beads.

Hey, they claim the settlers bought Manhattan with beads, so things haven't really changed that much.

17 posted on 03/10/2004 5:57:33 AM PST by capt. norm (They are training pilots in them)
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To: Redcloak
I'm from Missouri, the Show Me State..pictures???
18 posted on 03/10/2004 6:06:19 AM PST by kt56
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To: Redcloak
So, it's okay to sell videos of underage girls in various stages of undress? Oooooookay...........
19 posted on 03/10/2004 7:06:19 AM PST by atomicpossum (Fun pics in my profile)
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To: dead
"Besides," the judge added, "she's kinda cute."

This is, I think, not good.

Dan
20 posted on 03/10/2004 7:29:27 AM PST by BibChr ("...behold, they have rejected the word of the LORD, so what wisdom is in them?" [Jer. 8:9])
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