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However, the First Amendment does not insulate the commission of crime from prosecution just because someone with a camera records the crime and intends to sell that recording to customers.

In keeping with this portrayal, one could reasonably characterize pornography as the payment of prostitutes for having sex in front of a camera.

"Prostitution," said Justice Goodman, "is and has always been intuitively defined as a bilateral exchange between a prostitute and a client." Therefore, the judge explained, the district attorney's office has not ignored one form of prostitution and pursued another, within the meaning of the law.

Though the Equal Protection argument may be weak as a matter of statutory interpretation, the distinction between prostitution and pornography is not nearly as clear as Justice Goodman suggests.

In the case of pornography, however, the actors having sex are doing so precisely because they are being filmed.