I wanted to answer the question. The difference is that paying people to perform sex on film, makes it a performance, It isn't being done for the performers sexual pleasure. By filming it, it gets protected under the first amendment.

So... the next obvious question is where do live sex shows fall?

And why doesn't every single guy that hires a prostitute just put up a video camera? He could even "forget" to turn it on in the first place: "hey, jerk, you arrested us before our second take! you're screwing up the production schedule! you're gonna have to answer to our financiers, you better believe it!"

Has a particular fascination with this stuff. I have to speculate the nooky front at home is lacking. He's hen-pecked.

Got married at Clarence Thomas' home...and within a short time he was single and carrying viagra across the border.

Their relative value is not really the point - He must have bought her SOMETHING.

Maybe there is a better example, though...Newt, Maybe?

I don't recall GG defending Larry Craig or Vitter. Suddenly, we need to just lay off of spitzer because other people ignored those other guys. Those other people or hypocrites. So what does that make GG and spitzer's other defenders? At least those who joined the dog pile on craig and vitter.

Is this just a case of realpolitik? THAT I can buy.

I don't recall GG defending Larry Craig or Vitter.

They're still drawing a paycheck aren't they?

Come on Glenn, Barney Frank was chastised back when the Congress actually had a functioning ethics committee: in other words, ancient history my friend.

Spitzer is the worst kind of scum: the kind who prosecutes rich people and corporations for their corruption.

Glenn, I don't get your point of view. Is there any good reason to defend Eliot Spitzer here? I know you realize this, but it's worth restating: Prostitution is illegal and he engaged in it.

First, he should absolutely resign, and for a variety of reasons. First, it is perfectly acceptable for us as citizens to demand that our political leaders follow the law. Isn't that what you want out of Congress and the President when it comes to warrantless wiretapping? Second, as political matter, it will be difficult for him to have any pull in the future. Other leaders in the state government won't be willing to work with him. Third, if he didn't, he probably would be impeached.

Second, yes, prostitution should be illegal. Sorry, big dog, but I don't understand your attempt to defend him by saying that prostitution shouldn't be illegal. It's very weak. There is absolutely nothing wrong with states and local governments deciding that prostitution is a wrong that ought to be prevented. By and large that is the sense of the people of this country properly expressed through democratically elected governments. You may disagree with the policy, but the policy is rational, legal, and constitutional. If you can find a fundamental right at issue in prostitution, you would go a long way towards justifying your libertarian tendency in this area. But you and I both know there is no such right to prostitution.

Third, this claim that somehow prostitution would be ok if only people weren't forced to do it is just ridiculous. Slate.com presented a similar argument in an article they had up yesterday. It goes something like, "It's bad when it's done on the street, but if they're high class hookers, then it's A-OK." This is just class based stupidity, and it's exhibited by wealthy people who think that everything can be acceptable so long as it is somehow controlled and held to the standards of the rich. Look, the simple argument remains: there are some things that we don't want to attach economic value to, among them are sex and human body parts.

You're right on the media commentary, but the rest of doesn't make sense to me.

Shitty jobs. Low pay. Necessity. Choices. The human condition. The logic -- and the clay feet -- of the law.

Okay, Glenn, fess up. If ever this was Unclaimed Territory, it isn't now, nor will it ever be again. A logician is a politician after all, and the journey is complete.

It's a good thing.

I know that in San Francisco they have live sex shows. The O'Farrell theatre has them. As for hiring a prostitute and filming it, I think that would be an affirmative defense. I'd think you'd have to have some sort of release form to present the defense. A form that says performer is 18 or older and agrees to have sex on film. So it wouldn't be as easy as just putting up a camera, you'd have to make it look legit.

I don't recall GG defending Larry Craig or Vitter.

I criticized Vitter and Craig for the same exact thing for which I criticized Spitzer -- gross hypocrisy. But in none of those cases did I advocate resignation.

Here's what I just wrote two days ago about Spitzer:

Just as was true for moral crusaders David Vitter and Larry Craig, there is unquestionably a healthy chunk of hypocrisy in Spitzer's case, given that, as Attorney General, he previously prosecuted -- quite aggressively and publicly -- several citizens for the "crime" of operating an adult prostitution business. That hypocrisy precludes me from having any real personal sympathy for Spitzer, and no reasonable person could defend him from charges of rank hypocrisy. . .

Independent of the issue of his hypocrisy -- which is an issue meriting attention and political criticism but not criminal prosecution . . . .

Is there something unclear about that to you? How did your brain render that as treating Spitzer differently than Vitter or Craig? Isn't pretty obvious to you that I said exactly the opposite?

awesome post, GG!

* Sometimes, people get drunk and drive, or get drunk and abuse others. Therefore, we should outlaw all alcohol (rather than just outlaw drunk driving and assault).

* Sometimes, the media libels people and destroys their reputations. Therefore, we should outlaw all freedom of the press (rather than just proscribe libel).

* Sometimes, children get a hold of cigarettes or pornography. Therefore, we should outlaw all smoking and pornography (rather than just outlaw the act of selling cigarettes or porn to minors).

* Sometimes, men rape women or molest minors. Therefore, we should outlaw all sex (rather than just outlaw rape and child molestation).

* Sometimes, people use drugs (prescription or recreational), get addicted and then steal or act violently. Therefore, we should outlaw all drugs (rather than just outlaw theft and violence).

* Sometimes, people force women against their will to work as prostitutes. Therefore, we should outlaw all prostitution (rather than just outlaw forced prostitution and human trafficking).

Glenn, you're sounding positively libertarian today!!!

Cheers,