FSC Asks Court to Reconsider 2257 Decision

PHILADELPHIA — The Free Speech Coalition on Tuesday filed a so-called Rule 59(e) motion to reconsider the adult industry trade group’s lawsuit over 18 U.S.C. § § 2257 and 2257A.

In late July, U.S. District Judge Michael Baylson granted the government’s motion to dismiss FSC’s lawsuit, which contends that 2257 and 2257A regulations are unconstitutional, as well as an unfair burden placed to producers to comply with the regulations.

FSC said they filed the motion on Rule 59(e) to alter or amend a judgment because they believe that Baylson failed to address the key constitutional question in the case.

The FSC said that the court "overlooked a subtle but critical point: that the comprehensive record keeping interest to which the challenged statutes are narrowly tailored is meaningfully different than the government’s significant – indeed compelling – interest in suppressing child pornography."

"The burdens which it imposes upon speakers who produce or reproduce no child pornography at all and, even more importantly, on expression which is not, in fact, child pornography are very serious," the FSC said its motion. "Congress may not substantially burden protected expression merely because it may resemble unprotected expression.

"Producers who have never had anything at all to do with child pornography are required, on pain of a federal felony conviction, to invest very substantial time, effort, and resources in an extremely elaborate and pervasive record keeping scheme."

Many of the secondary producers, the FSC said, have never actually created a sexually explicit image at all and never will.

"All of them devote substantial resources to record keeping which would otherwise be available to fill the demand for more expression," the FSC said. "Still others are so chilled by the elaborate requirements and the serious criminal penalties that they refrain from creating or reproducing any sexual expression at all.

"The government's express warning that each primary and secondary producer will remain culpable for any failure on the part of a third-party record keeper currently chills reasonable producers from relying upon them."

The motion was filed by FSC attorneys Michael Murray and Lorraine Baumgardner with assistance of attorney Reed Lee, an FSC board member and Legal Committee chair. 

“We are looking for this motion to pinpoint the focus to the critical points of the litigation,” Lee said.

Diane Duke, executive director of the FSC, said that she's optimistic the court will consider the issue.

"In his decision, Judge Baylson failed to address what we believe to be one of the most key components of our argument," Duke told XBIZ. "By filing the rule 59(e) we will give him the opportunity to fully consider and address the issue."

A motion to alter or amend a judgment must be filed no later than four weeks after the entry of the judgment, the FSC said. The government then has two weeks to reply to the motion.

Related:  

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Aylo Willing to Work With Australia's Online Censor on Device-Based AV Solutions

The office of Australia’s top online censor, unelected eSafety Commissioner Julie Inman Grant, released a new roadmap for implementing age verification according to the country’s Online Safety Act.

Spain's Technology Minister Unveils Soon-to-be-Mandatory Age Verification App

Spain’s anti-sex work and anti-porn Socialist Party (PSOE) government led by Prime Minister Pedro Sánchez unveiled a new age verification app that will become a mandatory step to access any adult content by anyone in the country starting in September.

Nikki Slick, Scarlett Mae Topline Latest 'Women Seeking Women'

Nikki Slick and Scarlett Mae headline the 197th volume of "Women Seeking Women," from Girlfriends Films.

Tanya Tate Performs 1st Anal for MILFY

Tanya Tate performs her first anal alongside Dan Damage in the latest release from Vixen Media Group (VMG) studio imprint MILFY.

Kenzie Taylor Stars in Seth Gamble's 'Gravity Wolf'

Kenzie Taylor stars in the latest release from reigning XBIZ Performer of the Year Seth Gamble's LucidFlix, titled "Gravity Wolf."

FSC Drops Opposition to California Age Verification Bill After Amendments

Free Speech Coalition (FSC) has dropped its formal opposition to California’s age verification bill AB 3080, after an amendment secured through months of discussions with the bill’s author was heard by the Senate Judiciary Committee.

Jennifer White Stars in 'Hot Dog Eating Contest' From Elegant Angel

Jennifer White stars with reigning XBIZ Male Performer of the Year Zac Wild in the Fourth of July-themed "Hot Dog Eating Contest," from Elegant Angel.

SCOTUS Agrees to Hear Texas Age Verification Challenge

The United States Supreme Court granted on Tuesday the petition for a writ of certiorari in the Free Speech Coalition-led challenge to Texas’ age verification law, agreeing to hear the case in the next term.

Penthouse Names Autumn Ren Its July 'Pet of the Month'

Penthouse Magazine has named model Autumn Ren as Pet of the Month for July.

Dorcel Group Acquires LifeSelector

Dorcel Group has acquired interactive content company LifeSelector.

Show More