By Darren Smith, Weekend Contributor
We previously discussed HERE the concern that condom requirements imposed upon the adult film industry would have a chilling effect on the First Amendment but a court challenge to the public health compelling interest of the state likely would prevail. A circuit court of appeals addressed such matters recently.
The U.S. Ninth Circuit Court of Appeals affirmed the ruling of the District Court denying an injunction against Los Angeles County regarding the Los Angeles Safer Sex in the Adult Film Industry Act, including the enforcement of mandatory condom use in certain situations. The lower court ruled that the requirement of condom use constituted a de minimis effect on expression and was “narrowly tailored to achieve the substantial government interest of reducing the rate of sexually transmitted infections, and left open adequate alternative means of expression.
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