Legal challenges within the United States - Porn History

Attempts were made in the 1970s to outlaw pornography in the United States by prosecuting porn stars for prostitution. The case was initially made in California, and stopped short of advancing the case to the United States Supreme Court for a final decision. It was this decision and acceptance to let stand whereby the California Court made a legal distinction in the case of People v. Freeman between someone who took part in a sexual relationship for money (prostitution) versus someone who takes on the act of merely portraying role where a sexual relationship was engaged in on-screen act as part of their acting performance. It is this specific legal distinction between pornography and prostitution in California law that has allowed California to become the porn center of the United States.

At present, no other state in the United States has either implemented or accepted this legal distinction between commercial pornography performers versus prostitutes as shown in the Florida case where sex film maker Clinton Raymond McCowen, aka "Ray Guhn", was indicted on charges of "soliciting and engaging in prostitution" for his creation of pornography films which included "McCowen and his associates recruited up to 100 local men and women to participate in group sex scenes, the affidavit says." The distinction that California has in its legal determination in the Freeman decision is usually denied in most states' local prostitution laws, which do not specifically exclude performers from such inclusion.

In some cases, some states have ratified their local state laws for inclusion to prevent California's Freeman decision to be applied to actors who are paid a fee for sexual actions within their state borders. One example is the state of Texas whose prostitution law specifically states:

An offense is established under Subsection (a)(1) whether the actor is to receive or pay a fee. An offense is established under Subsection (a)(2) whether the actor solicits a person to hire him or offers to hire the person solicited.