Last fall, voters in Los Angeles County passed Measure B, the “Safer Sex In the Adult Film Industry Act.” This measure requires the use of condoms in adult films during sexual intercourse. Vivid Entertainment, Califa Productions and porn star Kayden Kross sued. Among other things, they argued that the requirement infringed upon their constitutional right of free expression under the First Amendment.
On Friday, a federal district court judge denied the plaintiffs motion for a preliminary injunction. Although the judge agreed that the production of pornographic films is protected by the First Amendment, he found it likely that the law would satisfy intermediate scrutiny as a content-neutral regulation of expressive conduct. The judge did not reject all of the film companies’ claims, however, finding that some of the law’s administrative and enforcement provisions were too intrusive or prone to abuse.