The difference is porn has been deemed by the courts as an artistic expression and found under that philosophy to be protected speech.
Not that I think prostitution should be illegal,it shouldn't.Just pointing out how one is legal and one isn't.
Whether it's true or not, I'm not sure. But someone claiming to be an attorney wrote on here that it is not legal (in California?) for the person performing in the sex scene to be the same person who pays the performers.
I understand where you're coming from, and that you're just explaining the legal basis. But it makes no sense. If I paint or take photos (non nude, let's say), I can be in the picture or the photo. Woody Allen and Spike Lee act in all their movies (though I wish they wouldn't). I'm not aware of any prohibition which prevents them from paying the actors out of their own pockets at the end of each day. So if the law recognizes porn as art, why are there special prohibitions on how the talent is paid (if that person knew what he was talking about)?
I'm not pro prostitution, but on most social issues I have a libertarian view: what consenting people do is their own business. Same with pot. I don't smoke it. And I don't allow it in my house if I have a party. But those are
my rules for
my property. If someone wants to smoke a dried plant that they grew in their back yard, what do I care... and why should the government care? If a girl and a guy agree that she'll sleep with him if he gives her $X, why should the government be involved in that? What if she goes out with him and he buys her a $200 bracelet or a $200 dinner? What about the 20 something year old girl dating or married to the 50-60 something year old wealthy man? Aren't those girls (legally) hookers? Shouldn't the government also be looking into that... especially when the guy leaves his wife of 20+ years for this trophy wife/fling? I mean, at least when it's "dating", the relationship is based totally on a financial arrangement, right?
I'm not throwing these questions at you. But to me, it makes no sense, except to the morality police, Moral Majority types. And IMO, Senator John Ensign is the biggest hypocrite in the U.S. right now. That bible thumper went after other people on moral issues, while he had a (taxpayer) funded mistress on his staff - she was (by definition) a hooker, right? When she stopped sleeping with him, he stopped paying her (and her whole flippin' family). If he'd paid her with his own money, like Spitzer (supposedly) did, that's his business, IMO. But I still don't understand the logic behind how porn is viewed versus how prostitution is viewed in the U.S.