Diane Duke is the CEO of the Free Speech Coalition and former Senior Vice President of Planned Parenthood in Southwest Oregon. She previously worked with the Eugene Human Rights Commission fighting on behalf of marriage equality. She recently sat down with BPR’s Michael Chernin.
Brown Political Review: Could you provide a brief overview of what the Free Speech Coalition does?
Diane Duke: We’re the trade association for the adult entertainment industry, so we’re like the Chamber of Commerce. We lobby and litigate for the industry. We look for business trends and help with networking and education. We encompass not only the adult industry on the Internet, but also the adult pleasure products industry.
BPR: How did you get into lobbying for the pornography industry?
Duke: I was concerned about peoples’ civil liberties. It really hit home that I would be on the front lines fighting for freedom of expression. I truly believe that the glass ceiling for women is owning and asserting their sexuality. People see female [adult] performers as victims, but these are some of the most powerful women that I’ve ever met. Coming out about being in the porn industry feels similar to when I came out as a lesbian. I go to church every Sunday and people know exactly what I do. I don’t hide who I am. There’s a freedom that comes with that. Likewise, these actors enjoy sex, and they’re forthright about it. Society paints these women either as victims or sluts, and neither is the case. This was a natural progression from my human rights work — advocating for personal liberties and women’s rights. It’s important to note that the most sexist part of pornography is how men are treated. They’re paid less than women, and I would argue that their job is more complicated.
BPR: How do you reconcile that with the way women are presented on camera? Is there anything in the way that these videos are filmed that might contradict what you’re saying about women owning their sexuality?
Duke: I remember walking through my first adult entertainment expo past a booth featuring a 300-pound woman in a G-string. She felt sexy and powerful. Hordes of people really appreciated everything about her. There’s a place for you in our industry; it doesn’t matter who you are. In pornography, you’re going to find disabled people, large-sized people…We don’t discriminate. I’d argue it’s what the media focuses on that causes problems.
BPR: The Coalition has an award called the “Positive Image Award” – it goes to adult actors who have “….helped to dispel negative stereotypes and misconceptions connected to work in the adult entertainment industry.” How does a performer earn this award? What are some characteristics of an award winner?
Duke: It depends on the performer. We’ve given it to performers who’ve worked for and donated quite a bit to Habitat For Humanity, and to different organizations. We’ve got performers who are up and advocating for themselves and the industry who have their own political voice. Everything from what they’ve done in their communities to what they’ve done for the industry. James Dean [an adult performer]… is working around safe sex—they created a video that’s about safe sex and how to protect yourself off camera and also what you need to know coming into the industry. We really want to make sure performers know what they’re getting into.
BPR: There was a recent industry moratorium during which video production was halted, because there were a few potential cases of HIV in the community. Were there any differences in the reactions between owners of the entertainment companies themselves and the actual performers?
Duke: When we have a moratorium, I very seldom sleep. I’m not losing sleep because of the producers — they have film in the bank. I’m losing sleep because of the performers. I want to stop the moratorium as soon as possible, while also ensuring the protection of the performers. Both performers and producers, surprisingly enough, are very supportive. We have an advisory council consisting of producers, performers, agents and medical professionals that talks about these issues. It’s been really effective. But those who I call “the leeches of the industry” try to publicize and sensationalize it in the media. Performer privacy is paramount. We speak to the mainstream media because we have to keep rumors at bay.
BPR: 18 U.S. Code § 2257 is the Child Protection and Obscenity Enforcement Act. The overarching idea is to protect minors from entering the industry. You claim that mandates “excessive record keeping,” and have taken this to court. What would be a viable alternative for protecting minors in the industry?
I think the government always wants to regulate. Sex is such an easy thing for the government to attack Duke: Even if there are no youth involved, if you’re shooting just 80-year-olds and you misfile a piece of paper, you can get five years in prison with each misfiling. You’re not going to find that kind of regulation in any other industry. Additionally, the FBI can come into your place of business without a warrant and search records unannounced. The burden of that law starts with the assumption that people in the adult entertainment industry are pedophiles. [Code] 2257 makes us prove that we aren’t pedophiles. The other problem is what they call “secondary producers.” If you just take a picture of a
box cover and it’s on your website, you are now responsible for having [performers’ names, aliases, addresses, etc.] We want to check IDs, and the person behind the camera will keep a record of that. If somebody has an underage person in their video, then have at them. But I think the government always wants to regulate. Sex is such an easy thing for the government to attack. Even when I worked at Planned Parenthood, regarding sex education, there were hot buttons everywhere. I don’t think that our industry would have a problem with regulation if it were right-sized and effective.
BPR: Measure B was a ballot initiative in L.A. that required condom usage in porn as a workplace safety mechanism. Despite lobbying efforts, it still passed. What went wrong in the process of fighting it?
Duke: It would have been better if we had started earlier. That’s partially our responsibility. But, you know, we’re looking at an AIDS Healthcare Foundation that has a $750 million war chest. [They] can just sit there and write checks. I’m out there hitting the pavement. Our industry is a great industry, but it’s difficult to get everyone to rally. It’s an industry of independent groups, and everyone has an idea of how it should go.
BPR: Many companies are now moving to Las Vegas to avoid jurisdictional issues. Do you think this is going to be sort of a “not in my backyard” problem, where the capital of the industry is continually shifting?
Duke: Las Vegas is a place that’s really concerned about jobs. One of the things that you’ll find is that our industry pays living wages and we bring a lot of revenue to the communities that we’re working in. Las Vegas had horrible unemployment. You need to understand the importance of industries that pay living wages and follow regulations. A lot of areas are welcoming us with open arms. So no, I don’t think
that’s going to be the case.