FSC Responds to Today's 3rd Circuit Ruling Over 2257 Regs

CANOGA PARK, Calif. — While the 3rd U.S. Circuit Court of Appeals’ ruling today left intact most of 18 U.S.C. § 2257, the recordkeeping regulation for producers of sexually explicit content, the decision is a victory in many respects for filmmakers.

Diane Duke, the CEO of trade industry group Free Speech Coalition, remarked that today’s decision prohibits “the routine, warrantless inspections, which were the hallmark of the original regulation.”

"This decision was a hard-fought victory for adult industry,” Duke told XBIZ. “The 3rd Circuit’s decision struck down the recordkeeping inspection as unconstitutional under the Fourth Amendment, dealing a substantial blow to enforcement of the 2257 regulations.

“Under today’s ruling, the government can no longer appear at the doors of Free Speech Coalition’s members without a search warrant, and demand entry to inspect their 2257 records without cause.

“It is important to note that this decision only protects members of the Free Speech Coalition, the plaintiff in the case. We suggest that all adult producers make sure their membership is in good standing, and if not, to join in order to take advantage of the protections.

"Of course, we entirely disagree with the court's holding that the regulations themselves are not prohibitively burdensome to producers under the First Amendment.

“However, the court remanded some of the restrictions back to a lower court — including those that require business owners keep certain hours to make records available for inspection — and we're hopeful they will be overturned. Over the next few weeks, we will be examining the decision in more detail to determine if we should appeal it en banc."

Tim Valenti, NakedSword founder and FSC's chairman, said: "These battles don't come without a fight, and they don't come for free."

"Anyone who produces adult content, whether they a large studio or a performer doing content trades, needs to support the work the Free Speech Coalition does by becoming a member," he told XBIZ. "Not only does it help us fight for our rights, membership also grants you protections — in this case, from warrantless government inspection — not available to nonmembers." 

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

Braindance Unveils '6DOF' VR Tech

Interactive virtual reality platform Braindance has debuted its new Six Degrees of Freedom (6DOF) VR technology.

Kalani Luana Stars in Latest From Hookup Hotshot

Kalani Luana stars with Nade Nasty in the latest release from Hookup Hotshot (HUHS).

Lilyadick Makes Her TransAngels Debut

Canadian star Lilyadick has made her debut for TransAngels alongside Parker Savage in the video game-themed scene “Playing With The NPC Babe.”

Kazumi Stars in Latest From Tushy

Kazumi stars with Milan Ponjevic, Jax Slayher and Dan Damage in a new airtight scene from Vixen Media Group (VMG) studio imprint Tushy.

Kiiroo, Pineapple Support Launch 'Empower Hour' Series on FeelHubX YouTube Channel

Kiiroo and Pineapple Support have teamed up to launch the “Empower Hour” series on the FeelHubX YouTube channel.

Cherry Kiss Toplines Pat Myne's 'Anal Fetish Babes'

Cherry Kiss headlines director Pat Myne’s “Anal Fetish Babes,” from Evil Angel.

Kansas Law Firm Deploys Religion, Bunk Science While Recruiting Plaintiffs Under AV Law

Kansas-based personal injury law firm Mann Wyatt Tanksley is promoting debunked scientific theories and leveraging religious affiliation against the industry while it seeks potential plaintiffs for lawsuits against adult companies under the state’s age verification law.

UK Tech Secretary Lists Age Verification Among OSA Priorities

Peter Kyle, the U.K.’s Secretary of State for Science, Innovation and Technology, on Wednesday made public a draft version of his priorities for implementing the Online Safety Act (OSA), including age verification.

Nicole Aria Stars in Latest From Jules Jordan

Nicole Aria stars with John Strong and Zac Wild in the latest release from Jules Jordan.

Ellie Nova Is Hustler's 'Cover Honey' for December

Ellie Nova is the Cover Honey for the December issue of Hustler Magazine, appearing in a 14-page centerfold spread shot by ThisYearsModel.com.

Show More