FSC Vows to Appeal Court Decision

PHILADELPHIA — The Free Speech Coalition vows to appeal judge Michael Baylson’s decision denying the group’s motion to reconsider a previous decision, which threw out FSC’s 18 U.S.C. §§2257 and 2257A lawsuit against the federal government.

In his order, the judge said, “In their motion, plaintiff’s do not cite this legal standard controlling motions under Rule 59 (e) and do not specify any of the three major grounds as providing the basis for their request to alter or amend the judgment.”

Those three grounds include a change in controlling law, the need to correct a clear error and the availability of new evidence not available before.

“Although the Rule 59 motion was denied, it served the designed purpose of highlighting certain key issues for the appeal,” FSC’s attorney Jeffrey Douglas told XBIZ.

“We express great appreciation for his volunteer effort by FSC board member and legal committee chair Reed Lee in contributing to the draft of the Rule 59. Focus of our distinguished attorneys, Michael Murray and Lorraine Baumgartner, now will turn to the appeal to the 3rd U.S. Circuit Court of Appeals.”

In asking the court to reconsider, 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 in its motion. "Congress may not substantially burden protected expression merely because it may resemble unprotected expression.”

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

Trump Attempts to Distance Campaign From Porn-Criminalizing 'Project 2025'

Presumptive Republican presidential nominee Donald Trump issued a post on his social media platform Truth Social on Friday attempting to distance himself from the conservative initiative Project 2025, which prominently includes a call to criminalize the production and distribution of pornography.

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, has released a new roadmap for implementing age verification in accordance with 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, has unveiled a new age verification app that will become mandatory for accessing adult content in the country starting in September.

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.

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.

Etsy Updates Policy to Ban Sale of Most Adult Pleasure Products, Content

Etsy will ban sales of most pleasure products and content that depicts sex acts and genitalia starting July 29.

Stripper, Adult Businesses Challenge Florida's Under-21 Ban for Adult Entertainment Workers

Strip clubs and other adult entertainment establishments in Florida are challenging the state’s law that prevents them from employing adults between the ages of 18 and 20.

Byborg's Le Shaw Research Institute Teams Up With SWOP Behind Bars

LiveJasmin parent company Byborg Enterprises’ Le Shaw International Sexual Health and Wellness Research Institute has joined forces with U.S.-based sex worker advocacy group SWOP Behind Bars.

Sex Worker Rights Advocates Speak at UN Criticizing Stigmatizing Report

Several sex worker rights organizations and advocates provided input this week at the United Nations office in Geneva, addressing a recent controversial report by the Human Rights Council’s special rapporteur on violence against women and girls, which made broad claims about sex work and adult content, and also endorsed different forms of criminalization.

Idaho, Indiana, Kansas, Kentucky, Nebraska to Age-Restrict Access to Porn in July

Five U.S. states — Idaho, Indiana, Kansas, Kentucky, and Nebraska — will begin requiring age verification to access adult sites when the states’ copycat laws promoted by religious conservatives go into effect starting in July.

Show More