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Free Speech X-Press
Delivering Weekly Censorship Updates to the Adult Industry

Vol. VIII, No. 11, Feb. 3, 2006 — A Member Service of the Free Speech Coalition
Free Speech X-press is researched and edited by Kat Sunlove and Layne Winklebleck.
Copyright 2005 Free Speech Coalition. Permission to reprint granted to FSC members; please give credit.
CANOGA PARK, CA — FSC has announced the appointment of Tim Valenti to fill a vacancy on the FSC Board of Directors. Valenti, CEO of, brings years of experience in the adult Internet to the Board.
FSC has also announced Board Officers for 2006. They are Chair, Jeffrey J. Douglas, First Amendment attorney; President, Bill Murphy, Fairvilla Megastores; Vice-President, Connor Young,; Treasurer, Nick Boyias, Marina Pacific, and; Secretary, Mara Epstein, Jill Kelly Productions.
From an FSC press release, 2/1/06

DENVER, CO — FSC has filed an appeal with the 10th Circuit Court of Appeals of some parts of United States District Court Judge Walker D. Miller’s preliminary injunction ruling in December. (See X-Press report, “Ruling in FSC 2257 Challenge,” 12/30/05). FSC scored crucial victories in Judge Miller’s ruling, which halted enforcement of several of the most egregious of the Department of Justice amended rules relative to U.S.C. 18 § 2257.  However, according to attorney Michael W. Gross in an interview, the current appeal is related to First Amendment issues not previously brought before the 10th Circuit, including whether the constitutional standard of “strict scrutiny” or the “intermediate scrutiny” test is applicable to the 2257 law in regards to secondary producers.
From Rhett Pardon,, 1/30/06

WASHINGTON, DC — The U.S. Senate, by a vote of 58-42, has confirmed Samuel A. Alito, Jr., to the Supreme Court, a momentous action that promises to tilt the High Court to the right. The nomination of Alito was widely assailed by civil libertarians. (See Mark Kernes’ report, which includes prognostications by First Amendment attorney Reed Lee.)
From The New York Times, 1/31/06
And from Mark Kernes,, 2/1/06

PHOENIX, AZ — Kirk F. Rogers, 43, has pleaded guilty here to one count of aiding and abetting others to violate the CAN-SPAM  (Controlling the Assault of Non-Solicited Pornography and Marketing) Act of 2003, the federal anti-spam law. According to his plea agreement, Rogers developed, and then managed the computer system used to transmit the spam e-mails containing graphic, sexually-explicit images, on behalf of Jeffrey A. Kilbride, 39, and James R. Schaffer, 39, both currently under indictment for sending sexually-explicit bulk email in violation of provisions of the CAN-SPAM Act, as well as various other charges.
    Rogers’ guilty plea is the second ever conviction under the CAN-SPAM law. He has agreed to forfeit money obtained in his operation and faces a maximum sentence of five years in prison. Sentencing is scheduled for June 5.
From a DOJ Press Release, 1/30/06
And from Grant Gross, The IDG News Service, 2/1/06

SPRINGFIELD, IL — Effective lobbying by the E-mail Sender and Provider Coalition has apparently been instrumental in derailing a “child-protection do-not e-mail registry” law here, at least temporarily. Illinois State Representative Jack Franks (D-Woodstock) says he decided to shelve the bill, modeled after legislation in Utah and Michigan — and currently being challenged by FSC — after getting phone calls from E-mail Sender and Provider Coalition’s executive director, Trevor Hughes, and numerous other calls from e-mail marketers.
    "They made good points," said Franks. "I’m not trying to put anybody out of business."
A national battle is forming around a series of proposed “child protection do-not-email registry laws.” In state after state, Unspam Technologies, the company that provides the software, is pushing the idea as a child protection strategy, which it is not. (See X-Press report, “Update on New Email Registry Laws, 8/12/06”)
    On the other side, in addition to and in support of FSC’s lawsuit against the Utah registry law, email marketing and privacy groups are mobilizing. Last week we reported on a group of organizations that filed court papers asking permission to participate in FSC’s lawsuit, one being the E-mail Sender and Provider Coalition mentioned above. (See X-Press report, “Utah Spam Law Challenge Update, 1/27/06)
    In a recent development, a child protection registry bill, the “Georgia Child, Family and School Communications Protection Act” (SB 425), has been reported out of the Science and Technology Committee of the Georgia General Assembly.
From Ken Magill,, 1/31/06

WASHINGTON, DC — By a voice vote and without opposition, the House of Representatives has extended the USA Patriot Act a second time, allowing lawmakers until March 10 to reach agreement with civil libertarians on needed reforms. (See X-Press report, “Temporary Extension of Patriot Act,” 12/23/06) House Democrats are in agreement with the extension.
    "We must extend it, mend it, but not end it," said Representative Jane Harmon, (D-CA) ranking minority member on the House Intelligence Committee.
From Oroville Mercury Register and wire reports, 2/2/06

SAN DIEGO, CA — With approximately 16 percent of undergraduate students taking the time to vote on the issue — narrowly meeting the minimum requirements to validate the special election — the University of California San Diego student body has voted to overturn an Associated Students ban on "graphic depictions of sexual activity involving nudity" on Student Run Television (SRT). (See X-press report, “Update on Adult Programming on Student TV, 1/27/06)
    The vote creates an interesting dilemma for the UCSD Administration, which has voiced support for student self-determination in programming for the campus closed-circuit network, Student Run Television; while at the same time counting on the students to choose what the Administration thinks they ought to choose. Administrators are downplaying the results of the election while insisting that adult programming such as that which aired last year on then-student Steve York’s Koala-TV, still cannot be aired.
    “It wasn’t a landslide,” said Gary Ratcliff, acting Assistant Vice Chancellor for Student Life with regards to the election. “Our view is the majority of students support the values of the university and they don’t believe SRT should be a forum for airing pornographic material.”
    Ratcliff added that allowing students to decide what to show on a student-run television station was akin to students voting on how much the university ought to pay faculty.
       Others amongst the University powers-that-be do not necessarily agree with Ratcliff.
    “We’re not taking a position on content,” said UCSD Chancellor Marye Anne Fox. “We’ve never said we’re controlling content.”
From a Koala-TV Press release. URL not available
And from Eleanor Yang, San Diego Union Tribune, 1/28/06
And from Matthew McArdle, USCD Guardian, 1/30/06
And from Charles Nguyen, USCD Guardian, 1/30/06

WASHINGTON, DC — After failing to show up as requested to brief Congress on the nature of the ways the major Internet search companies — Microsoft, Yahoo, Cisco Systems and Google — have cooperated with China in building its great firewall of Internet censorship, lawmakers here, using strong language, accused the companies of violating U.S. principles of free speech.
    "There has been a string of disturbing incidents in which U.S.-based Internet companies have bowed to pressure from Beijing," said Repesentative Tom Lantos (D-CA), who co-chairs the Congressional Human Rights Caucus.
    Even Google, which recently scored civil liberties points for resisting a government subpoena of search records (See X-Press report “Google Fights the Feds on Records Subpoena,” 1/20/06) has finally kow-towed to China. After much soul-searching and after holding out longer than the other search companies, Google finally agreed to abide by the rules China imposes and limit availability of content.
    "These massively successful high-tech companies, which couldn’t bring themselves to send representatives to this meeting today, should be ashamed,” said Lantos. "They caved in to Beijing for the sake of profits."
From the Associated Press, 2/1/06
And from Jonathan Watts, The Guardian, 1/25/06

DES MOINES, IA — State Senators Jeff Angelo (R-Creston), Jerry Behn (R-Roone) and Brad Zahn (R-Urbandale) have introduced a bill here which would require all 543 state libraries to install filtering software to eliminate access to adult entertainment — even, apparently, for adults — and would also require public libraries to restrict children under the age of 17 from checking out R-rated movies.
    Iowa Library Association president Susan Craig of Iowa City is critical of the bill. She says forcing libraries to install Internet filters on computers that screen out adult Websites is too "onerous." Craig says small libraries, in particular, do not have the funding or the expertise to buy the filters and install them.
    "At the federal level, courts have ruled that if filters are installed, the libraries must be able to turn those filters off at the request of an adult patron," Craig says. "This is certainly a burden on library staff and requires some sophisticated technology that often is not available in some of our smaller communities in Iowa."
    As regards checking out R-rated movies, Craig says her group believes libraries can be "more flexible" than movie theaters are in their admission policies. "The parent should be monitoring and making decisions about what they allow or don’t allow their children to do," Craig says. "If a parent has allowed a 15-year-old to check out materials from the library and those materials include R-rated movies, we think that’s a decision the parent should be able to make."
From O. Kay Henderson, Radio Iowa, 1/31/06
And from Rod Boshart, Cedar Rapids Gazette, 1/30/06

NEW ROCHELLE, NY — The 2nd U.S. Circuit Court of Appeals has ruled in favor of the city in a dispute with Casanova Entertainment Group over an exotic dance club here. New Rochelle can ban topless dancing at the Casonova club because its zoning ordinance provides adequate alternative locations for adult businesses, said the appeals court. Casanova had argued that the alternative locations, totaling just 2.8 acres of land in the “light industrial” category, were not adequate. However, said the Court of Appeals, citing comments by the trial court judge, New Rochelle is a highly developed residential suburb with less than 5 percent of its total land available for commercial use.
From The Associated Press, 1/30/06

PARK CITY, UT –We are bursting with pride over the triumph of FSC Board Director and Treasurer Nickolas Boyias, Executive Producer along with Todd Haynes, of  “Quinceañera.” The dramatic (mainstream) film, which is the coming-of-age story of a Hispanic girl in a gentrifying Los Angeles neighborhood, won Grand Prize at the Sundance Film Festival. Congratulations, Nick!
From The New York Times, 1/29/06

It’s time to mark your calendar to attend our acclaimed lobbying training program, Celebrate Free Speech Lobbying Days (CFSLD), in Sacramento, California. The dates are Monday and Tuesday, April 24 and 25, 2006, and as always, space is limited.
        The two-day event will include a full day of political action training for participants, as well as our popular cocktail reception for legislators and staff. Deadline for applications is March 10, 2006. Call the Legislative Affairs Office at 1-800-476-7813 or e-mail for more information and an application form.

UpComing Events

MAR 9 — GAYVN Awards 2006, Rage Nightclub, Santa Monica Blvd., West Hollywood, CA

MAR 16 — 19, Fifth Annual San Franciso Fetish Ball Weekend

APR 24-25 – Celebrate Free Speech Lobbying Days, Sacramento, CA,

APR 29 — 2nd Annual Sin City Chamber of Commerce Spring BBQ, Chicken Ranch Brothel, Pahrump, NV (Benefit for FSC)

MAR 30 – APR 1The Phoenix Forum Tempe Mission Palms

APR 3-5 — International Lingerie Show – Las Vegas

JUN 8-11 — Cybernet Expo 2006 Shelter Pointe Hotel, San Diego

JUN 23-25Erotica Los Angeles, Los Angeles Convention Center

JUL 19-22 — Lifestyles West, Las Vegas Stardust

AUG 4-6 — Internext Summer 2006, Weston Diplomat, Hollywood, FL

SEPT 23-24 — Adultcon 11, Los Angeles Convention Center

DEC 1-3 — Black Rose 2006, Washington, DC

Subscriptions to Free Speech X-Press are FREE to FSC members. Contact us at or 800-476-7813.


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