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Court Reinstates Proof-of-Age Requirement For Nude Ads

arbitraryaardvark writes "An Ohio swinger's magazine objects to keeping proof on file that its advertisers are over 18. I reported here in 2007 that the 6th circuit struck down U.S.C. Title 18, Section 2257 as a First Amendment violation. The full 6th circuit has now overturned that ruling. The case might continue to the Supreme Court. The Cleveland Plain Dealer reports."

10 of 267 comments (clear)

  1. SOP by raydobbs · · Score: 4, Insightful

    It should just be SOP that you have a proof of age statement for ANY model that could potentially be seen as underage, file it right along side the model release form - and call it a day. A little extra insurance saves tons of headaches later in life, and a little prudence and CYA never killed anyone in this lawsuit-happy world.

    1. Re:SOP by Belial6 · · Score: 4, Insightful

      apparently reading the summary is not being done, more so in responses to your post, but also in yours. It is not the magazine that is taking pictures. The magazine is being told that it has to have age verification ON THE ADVERTISERS PICTURES. Not their picturse, the pictures from their advertisers.

    2. Re:SOP by Strange+Ranger · · Score: 4, Insightful

      The whole problem with this law and the concept of "insurance" is that you have to continually prove your innocence or you are de facto Guilty. You could shoot a nude of a 40 year old women but if you don't have a record of her age then you're guilty of a crime.

      I know we must all Think of Children all the time, but what if you had to continually register your possessions to prove you didn't steal them, or continually register your driving speed to prove you weren't speeding? We'd be all up in arms over the outrageous unconstitutionality of such laws. But point a camera at a naked body and all of the sudden it's ok to have laws just like Singapore or China.

      > Never underestimate the stupidity of humanity when it comes to anything sex-related.

      Indeed. Especially Americans.

      --

      Operator, give me the number for 911!
    3. Re:SOP by The+Snowman · · Score: 3, Insightful

      Never underestimate the stupidity of humanity when it comes to anything sex-related.

      Indeed. Especially Americans.

      While in general American-bashing irritates me, I have to concede this one. Sigh.

      As a United States citizen, taxpayer, voter, and veteran, I must say that I live in a country of pussies. I am trying to get my fiancee to go to a nudist event when it warms up a little: just a bunch of people swimming in a pool, nothing sexual, honestly it is just comfortable. She has a hard time imagining anyone seeing her naked. I explained it like this. Even fully clothed, everyone knows what she looks like naked. It is no secret that she has breasts and a vagina. Hell, half the human population has that. The other half tries to see it as much as possible anyway.

      There should not be anything taboo about a naked human body, yet our society insists on making it so. As a group, we mistakenly blur the line between nudity and sex, especially sex that should be taboo and illegal: rape, incest, child molestation. We blur the line so much until the issues become as one, and use fear-mongering to keep opposing ideas in check. That is the greater crime: legislating morality.

      As for the original topic: I am not opposed to such a law if worded correctly. It should not burden advertisers or publishers. Regardless of what the law says or if there is one at all, I believe it would be wise to have this information recorded somewhere. Whether the onus is on the advertiser or on the publisher, if anyone has any doubts about the age of the model, they need to record it. Copy the model's state-issued ID, and record the date the photograph was taken. Have a simple, one or two line document that states something along the lines of "based on the government-issued ID, I believe this model is of the legal age to get naked in front of a camera." Have the model, photographer, and someone able to execute contracts at the advertising agency sign it. It could literally take five minutes. Slap it in a filing cabinet indexed in a way that makes sense, scan it to PDF, whatever. Cover your ass. Even if there is no law requiring this, someone could still file a lawsuit: exploiting children is illegal regardless of this specific law.

      --
      24 beers in a case, 24 hours in a day. Coincidence? I think not!
  2. oblig. by Anonymous Coward · · Score: 5, Insightful

    This Thread Is Worthless Without Pictures.

  3. Who cares? by Darkness404 · · Score: 5, Insightful

    Honestly, who cares? As long as no one is hurt, it should be legal. The government is not our moral compass. As long as it does not negatively impact you or anyone who didn't agree with it (and agreement should not have an age restriction), it should be, by definition, legal.

    --
    Taxation is legalized theft, no more, no less.
  4. Nothing new by Hao+Wu · · Score: 4, Insightful

    You don't get publicly carded for buying beer. The transaction is only between you and the store, unless there is evidence of a crime being committed.

    It is a deliberate tactic for anti-sex groups to threaten porn stars with stalkers. If they can't shame them into obedience, then they expose them to sexual predators.

    --
    I suggest you read Slashdot
  5. Re:Kids will Lie. by DJRumpy · · Score: 4, Insightful

    This is about the people/models in the photo's, not the one's wanting to see it. It wasn't designed to protect minors from adult pornography, but to protect minors from predatory pornographers. I have to agree that the restrictions were far to onerous to be useful. The whole 'fantasy' of pedophiles is purported to all be based on appearance. If someone looks to be a little long in the tooth, then why force them to maintain a pointless record verifying that aren't hot to a pedophile?

    It then comes down to who decides what looks 'legal' and who doesn't. I can see this turning into the same mess as ID verification for Alcoholic beverages (anyone over 30 ID'd). Somewhat of a joke since you can't really tell everyone age with any accuracy from looks.

    If the law is too difficult or to sweeping to enforce without unnecessarily restricting someone's first amendment rights, then it should be overturned as unconstitutional. We have those protections for a reason.

    They should find a better way to put the sick bastards away who peddle child porn.

  6. Re:Picture Collectors by Anonymous Coward · · Score: 5, Insightful

    If you think the Lady Justice statue is sexual in nature, you've got problems.

  7. ZOMG! by Brickwall · · Score: 3, Insightful
    139 posts on /. on child porn issues, and not a single "Think of the children!" comment? I'm appalled.

    But seriously, this is just another example of what I call the "extended childhood" of North American children. Forget the Puritans; it was common all across Europe to marry children of 13-14 years of age for centuries. (Hell, didn't Jerry Lee Lewis marry a 14-year old in 1950's?) But even though our kids, thanks to TV, computers, and the net, are much more educated than kids were in the 1930's, we keep trying to protect them from their own natural urges for longer and longer periods of time.

    And this weird American prudishness just continues to amaze me. Here in Canada, on regular broadcast TV, not just cable, you can see nudity and soft-core sex practically every night. And on plain vanilla cable (which virtually all Canadians have), not specialty pay channels, you can even see hard core sex late night on the weekends. I really don't get why people think it's fine for the kids to see hundreds (if not thousands) of murders as they grow up, but think that if their kids see a naked breast, they'll be instantly corrupted.

    --
    What was once true, is no longer so