It is paramount for content producers to keep abreast of current obscenity cases in an effort to avoid becoming the target of prosecution—that’s the message First Amendment attorney Roger Wilcox gave during Internext to content producers at a class on obscenity laws.
"You must become aware of what the prosecutors are going after," Wilcox said. "You cannot be in this business putting out hardcore content without being aware of the themes that prosecutors prey on when they go after prosecution."
Wilcox, an associate of the prominent Lipsitz, Green, Fahringer, Roll, Salisbury & Cambria legal firm, walked the class through the steps to reduce their risks of being exposed to obscenity charges, beginning with having a lawyer review their content for defensibility and 2257 compliance. "Prosecutors don’t have to win the case to get you. By the time you’re done defending yourself you might have spent $500,000," he said. "That’s a horribly effective tool for the prosecution to put you out of business, and that’s why it’s vitally important not to give them a reason to come after you."
Wilcox also touched upon the so-called Cambria List, a list drawn up by fellow attorney Paul Cambria, explaining that the list was drawn up based on contemporary prosecutorial efforts, rather than an attempt to define obscenity.
