I was reading an article from Politico Magazine about the case against the owners of Backpage and the free speech implications. I just can't see how the law that put them out of business can be upheld in court. But it got me thinking about something else. In this day and age spending money itself is legally equated with free speech.
With that foundation already laid, I now submit it's a first amendment right to get paid to get laid, even if it's not on camera. Years ago we showed that paying someone to have sex on camera was protected free speech. It's about time we extend that off camera, too.
If one were to make an argument with regard to the constitutionality of laws criminalizing prostitution, it would be based on the right to privacy guaranteed by the Third, Fourth, Fifth, and 14th Amendments.
Pornography is entitled to First Amendment protections because it’s form of free expression, where prostitution is not.