Numerous trials, including jury trials, criminal and civil since 1979. Obscenity. Section 2257. Copyright. Trademark. Communications Decency Act Section 230. Right of Privacy/Right of Publicity. Defamation/Libel/Slander. Warning Pages. Adult Internet Sites. Strip Clubs/Gentlemen's clubs. Massage Parlors. Prostitution. I am the author and operator of http://www.xxxlaw.com, the most comprehensive online legal resource concerning the law of adult entertainment online.
I've been an attorney for 34 years, nearly 20 years as an attorney concentrating in adult entertainment law. Have spoken at 72 adult webmaster show legal seminars and forums in six nations, seven American states, and three provinces of Canada, have appeared on the O'Reilly factor concerning obscenity, have been published by Thompson-Gale. Full qualifications at xxxlaw.com. My firm, J.D. Obenberger and Associates has provided representation in both criminal and civil matters for adult content producers, the operators of adult online businesses, as well as brick and mortar adult operations for nearly twenty years. We provide legal strategy, forms, protocols, and guidance for every kind of adult operation. Our clients find us available 24/7/365 in every emergency. My background includes numerous jury trials including the defense of major drug case in federal court on the Mexican border at Brownsville, forgery, sexual assaults, gun offenses, aggravated kidnapping, and such civil matters as pharmaceutical malpractice, premises and construction liability, and personal injury. I have prosecuted cases in the name of the United States while serving as a Captain in the United States Army Judge Advocate General's Corps. I have represented and advised clients in every part of the United States and from Hong Kong to Budapest. I am a regular columnist for XBIZ World and have published numerous articles in AVN and AVN Online and for YNOT.
First Amendment Lawyers' Association, Free Speech Coalition, National Rifle Association, American Legion.
AVN, XBIZ, YNOT, Online Pornography, published by Thompson-Gale.
Doctor of Law, 1979, University of Wisconsin Law School. Dean's List. Graduate, National Institute of Trial Advocacy. Guest Lecturer, John Marshall Law School. I have presented Continuing Legal Education for practicing attorneys. Undergrad BA, the University of Wisconsin, double major in Political Science and History. Graduate, 90th Basic Judge Advocate General's Course on the campus of the University of Virginia.
Army Commendation Medal awarded as a Captain, US Army Judge Advocate General's Corps, as the most requested criminal defense lawyer in the US Army, Europe.
No legal issue too great or too hot to handle, no client too small to deserve zealous and effective representation.
Oh, I would say that when it comes to protection of free expression, my beliefs are pretty fundamental: When the Constitution says Congress shall pass "No law" abridging the freedom of speech, I take it at its word!
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The best answer I have for you was set out in my Webmaster's Primer on Section 2257. ( http://www.xxxlaw.com/articles/primer5.html) Section 3. A. of that work reads as follows: A. Scope and Topicality
These answers assume that the material is actually covered by Section 2257, for example, that it includes depictions of real people having actual or simulated actual penetrative sex, masturbation, or lascivious
Your first question asked about selling bestiality content. That's where I put my focus. It's important to repeat: the federal statutes do not criminalize bestiality content by name. If they did, there
So far as I know, there are no statutes, federal or state. particularly identifying bestiality content by name as criminal. The prosecution of all sexually explicit content falls under more general obscenity
Over the past fifteen years or so, I've been involved in this issue - but almost all the time, representing the photographer or the website. So, I have a pretty intimate knowledge of the issues and you're