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California Porn Tax
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DVD Profiler Desktop and Mobile RegistrantStar ContributorBad Father
Registered: July 23, 2001
Registered: March 13, 2007
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California lawmakers are mulling over tripleing taxes on the Adult entertainment industry in the state.

Yikes!!! Better get those DVDs in my wishlist before that happens   .
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DVD Profiler Unlimited RegistrantStar ContributorJimmy S
Registered: March 15, 2007
Canada Posts: 1,982
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This is not something who have 99.99% chances to be considerate inconstitutional by the supreme court? Not that I'm a specialist on the US Constitution, but a tax like that seems really to be discriminate against one part of the entertainment industry in general
DVD Profiler Unlimited RegistrantStar Contributormdnitoil
Registered: March 14, 2007
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No chance at all.  It's not much different than various other sin/luxury taxes we have, say on tobacco and alcohol.  You can still get the stuff, it'll just cost more.
DVD Profiler Unlimited Registrantgardibolt
digitally Obsessed
Registered: March 13, 2007
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Tobacco and alcohol don't have freedom of speech and freedom of the press issues, while porn does.  It should be overturned pretty quickly.
"This movie has warped my fragile little mind."
DVD Profiler Unlimited RegistrantStar Contributormdnitoil
Registered: March 14, 2007
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Quoting gardibolt:
Quote:
Tobacco and alcohol don't have freedom of speech and freedom of the press issues, while porn does.  It should be overturned pretty quickly.

Explain that to the cigarette and liquor manufacturers who are not allowed to advertise on television.

I'm as big a fan of civil liberties as the next guy, but, like it or not, levying taxes isn't unconstitutional.  I mean what's the argument?  It costs more so poor people are being disenfranchised and can't get their porn?  Good luck with that one.
DVD Profiler Unlimited RegistrantStar ContributorJimmy S
Registered: March 15, 2007
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Quoting mdnitoil:
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No chance at all.  It's not much different than various other sin/luxury taxes we have, say on tobacco and alcohol.  You can still get the stuff, it'll just cost more.

The argument is not that it's a tax on luxury, the governement can tax everything he wants no problem there. But the problem is that the only form of movie entertainment who will have a tax is the adult movie. If all the movie are taxed equally no problem, but like it will be it's a case of "freedom of speech". So the tax will not stand a chance when the industry will contest it at the Supreme Court.

Honestly, I think that the US or in this case the California states have more important thing to do than trying to censor the adult industry again.
 Last edited: by Jimmy S
DVD Profiler Unlimited RegistrantStar Contributormdnitoil
Registered: March 14, 2007
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I'm still missing how their freedom to speak is being inhibited.  Nobody is saying they can't continue to produce porn and nobody is saying the the average citizen is no longer free to consume porn.  They're saying that if you want it, it'll cost more.  Just like beer does.  There's no rule that says they have to tax all forms of entertainment equally.

I'm on board with the fact that its annoying and I'm glad I don't live in California.  I just don't believe there's a legal leg to stand on for overturning a higher tax based on freedom of speech arguments.  I guess I'm not seeing this as some sort of attempt to squelch an industry, but rather an attempt to generate revenue from a constituency least likely to put up an effective political fight.  In that sense, its not a lot different from beer and cigarettes.  The general population isn't very sympathetic that your Marlboro's cost more.

EDIT

Just actually read the article and its interesting to note that the adult industy is arguing that higher taxes will actually hurt the overall California economy.  You would think if they perceived that it was a freedom of speech issue, that's the first thing they'd whip out.
 Last edited: by mdnitoil
DVD Profiler Unlimited Registrantnuoyaxin
prev. known as ya_shin
Registered: March 13, 2007
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Quoting 8ballMax:
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Yikes!!! Better get those DVDs in my wishlist before that happens   .

To avoid the tax, woldn't they have to be in your Owned list...?
Achim [諾亞信; Ya-Shin//Nuo], a German in Taiwan.
Registered: May 29, 2000 (at InterVocative)
DVD Profiler Desktop and Mobile RegistrantStar ContributorBad Father
Registered: July 23, 2001
Registered: March 13, 2007
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Quoting ya_shin:
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Quoting 8ballMax:
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Yikes!!! Better get those DVDs in my wishlist before that happens   .

To avoid the tax, woldn't they have to be in your Owned list...?


Good point .

Actually, I do have a small collection (about 50 titles) of "Adult Entertainment" but I've never gotten around to adding them to Profiler. Most of them probably aren't even in the DB and I just don't have the time to profile them.
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DVD Profiler Desktop and Mobile Registrantkemper
Vodka martini... shaken..
Registered: March 13, 2007
Ireland Posts: 402
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Quoting 8ballMax:
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Good point .

Most of them probably aren't even in the DB and I just don't have the time to profile them.


Must be those homemade ones....
DVD Profiler Unlimited RegistrantStar Contributorwhispering
On ne passe pas!
Registered: March 13, 2007
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Quoting AESP_pres:
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Honestly, I think that the US or in this case the California states have more important thing to do than trying to censor the adult industry again.


Greece once banned all electronic games (in todays world that would have included pretty much every cell phone, computer, some TV's etc).

http://en.wikipedia.org/wiki/Greek_electronic_game_ban

 Last edited: by whispering
DVD Profiler Desktop and Mobile RegistrantStar ContributorVoltaire53
Missed again!
Registered: March 13, 2007
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Quoting 8ballMax:
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Actually, I do have a small collection (about 50 titles) of "Adult Entertainment" but I've never gotten around to adding them to Profiler. Most of them probably aren't even in the DB and I just don't have the time to profile them.


Same here; I have profiled them but they're in a separate database because I point people like my Mum to my online list for birthdays and Christmas and, since I want them to be able to see which regular 18/R rated titles I have and want, I'd rather the actual adult ones weren't on view.
It is dangerous to be right in matters where established men are wrong
 Last edited: by Voltaire53
DVD Profiler Desktop and Mobile RegistrantStar ContributorBad Father
Registered: July 23, 2001
Registered: March 13, 2007
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Quoting Voltaire53:
Quote:
Quoting 8ballMax:
Quote:

Actually, I do have a small collection (about 50 titles) of "Adult Entertainment" but I've never gotten around to adding them to Profiler. Most of them probably aren't even in the DB and I just don't have the time to profile them.


Same here; I have profiled them but they're in a separate database because I point people like my Mum to my online list for birthdays and Christmas and, since I want them to be able to see which regular 18/R rated titles I have and want, I'd rather the actual adult ones weren't on view.


Being an a old fart bachelor, my family, including my mom, pretty much know what I've got in that department . My younger brother, even though he's happily married with children, has borrowed a couple of them...probably as teaching aids . I just can't seem to find the time to profile them.
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DVD Profiler Unlimited RegistrantStar Contributorsnarbo
Registered: March 13, 2007
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Quoting 8ballMax:
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My younger brother, even though he's happily married with children, has borrowed a couple of them...probably as teaching aids.



Teaching aids for whom  

Steve
DVD Profiler Unlimited RegistrantStar Contributortweeter
I aim to misbehave
Registered: June 12, 2007
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Bad movie?  You're soaking in it!
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Registered: March 13, 2007
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I would love to see the wording that this bill needs to fully define what makes a film "adult". The line between say 'The Brown Bunny' and what many people view as porn is very fuzzy. How about 'Se, jie' ('Lust, Caution' here in the US) or the French film 'Le Pornographe'. I will not even think about adding 'Caligula' to this list.

pdf
Paul Francis
San Juan Capistrano, CA, USA
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