U.S. Judge Dismisses Some of FSC’s 2257 Claims

DENVER — The federal judge hearing the Free Speech Coalition’s case against the U.S. government over 18 U.S.C. §2257 has dismissed some of the adult industry’s claims.

U.S. District Judge Walker D. Miller dismissed all of the FSC’s claims with the exception of 2257’s new rules relative to Internet chat rooms and secondary producers, which include online adult companies that act as affiliates.

Miller also kept alive the FSC’s claim alleging the new rules are beyond the scope of the federal government and that they are retroactive.

Miller held that the government's actions "fairly supported" the regulation and granted a summary judgment motion, rejecting FSC's 1st Amendment challenge.

He also noted that the Adam Walsh Act had amended 2257, and that the 10th Circuit’s Sundance decision had been overruled by Congress.

Miller, however, upheld the domestic identification requirement for domestic production and adopted the government's interpretation regarding offshore production. He also kept intact the government's requirement on keeping copies of URL addresses relative to sexually explicit depictions.

Miller asked the FSC to show cause over the claims left in the suit by April 16.

FSC attorneys have identified and are working on a number of strategies to address Miller’s decision, FSC Board member Reed Lee said.

“While we are disappointed by Judge Miller’s ruling,” Lee said. “This case is far from over. There are a number of constitutional issues, previously appropriately avoided by Judge Miller that must now be addressed.”

The FSC filed suit in 2005 at U.S. District Court seeking to enjoin enforcement of 2257’s new rules.

The new regulations require producers to keep detailed information to verify the identity and age of their performers, including date of birth, legal name and a copy of a photo identification card. They apply to adult material dating to July 3, 1995. Violators face up to five years in prison for a first offense and 10 years for subsequent violations.

Plaintiffs to the suit include the Canoga Park, Calif.-based FSC; the FSC's Littleton, Colo., chapter; adult distributor New Beginnings Ltd. of Sylmar, Calif.; and New Beginnings owner Leonard Friedlander. Another plaintiff is David Connors of San Diego, owner of about 600 adult sites and producer of 41 adult videos under the Dave Cummings Production label.

The suit by attorneys representing three law firms — Denver-based Schwartz & Goldberg; Sirkin, Pinales & Schwartz of Cincinnati, Ohio; and Buffalo, N.Y.-based law firm Lipsitz, Green, Fahringer, Roll, Salisbury & Cambria — argues that the guidelines are an unconstitutional burden and would do little to protect children.

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

Clara Mia Makes Her Directorial Debut for Dorcel

Clara Mia has made her directorial debut with "Say You Love Me," the latest release from Dorcel.

Streamate Spotlights Savannah Sly as December 'Elevate' Community Partner

Streamate has selected New Moon Network founder and co-director Savannah Sly as its Elevate Community Partner for December.

Brazzers Debuts Limited Series 'Wet Hot Indian Wedding'

Brazzers has released the first installment of its new limited series, “Wet Hot Indian Wedding.”

LaBellaDX Launches New Site Through YourPaysitePartner

Content creator LaBellaDX has launched her new official website through YourPaysitePartner (YPP).

Slimthick Vic Headlines 'Friends & Exes 2' From Bellesa House

Slimthick Vic toplines the second volume of "Friends & Exes" from Bellesa House.

Clip Page Launches 'Creator Analytics' Feature

Custom content marketplace Clip Page has launched the Creator Analytics feature on its platform.

Violet Myers, Jasmine Sherni Star in Latest From Brazzers

Violet Myers and Jasmine Sherni star with Dyawne Foxxx in the latest release from Brazzers, titled "Trapped and Tapped."

BBWXXXAdventures Relaunches Through Grooby's Blue.xxx

Paysite BBWXXXAdventures has relaunched under Grooby's new website management company Blue.xxx.

UK Performer Rebecca Jane Smyth Passes Away at 51

Veteran British performer Rebecca Jane Smyth has passed away, according to her longtime friend, Tanya Virago. She was 51.

Brazzers Debuts Limited Series 'Gamer Stepmom'

Brazzers has released the first installment of its new limited series, “Gamer Stepmom.”

Show More