FSC, Justice Department Can't Agree About Proposed 2257 Judgment

FSC, Justice Department Can't Agree About Proposed 2257 Judgment

PHILADELPHIA — The Free Speech Coalition and the Justice Department cannot come to terms for a joint proposed final judgment over First Amendment issues in the legal battle involving federal recordkeeping laws 18 U.S.C. §§ 2257 and 2257A.

Instead, each party offered their own proposed final judgment entry to U.S. District Judge Michael Baylson, who has been hearing the long-running case.

Baylson last month had ordered both sides to formulate a judgment that conformed to decisions the court has already made. Today was the deadline for each to file.

FSC attorneys J. Michael Murray and Lorraine Baumgarder noted in the entertainment trade group’s brief that the U.S. Supreme Court’s recent decision, National Institute of Family and Life Advocates v. Beceria, provides further support for its argument that the labeling requirements are unconstitutional under the First Amendment.

In that case, decided on June 26, the high court held that notices required by California’s FACT Act, which mandated that crisis pregnancy centers provide certain disclosures about state services, violate the First Amendment by targeting speakers rather than speech.

Justice Department attorneys in their brief maintained the agency’s stance and asked the court to reject the FSC’s own proposed judgment.

The FSC and other plaintiffs sued the Justice Department over the label requirements in 2009, offering up First and Fourth Amendment challenges to the laws that have been described by the industry as burdensome.

Last year the FSC won its Fourth Amendment challenge over unreasonable searches and seizures at producers’ businesses at the 3rd U.S. Circuit Court of Appeals. The court invalidated a portion of § 2257.

The FSC later focused on a bid for permanent injunction enjoining the statutes’ enforcement because it is viewed by the trade group as overly broad and unconstitutional relative to the First Amendment.

Baylson said in May that if the parties could not agree on a proposed final decree, the court will make a final decision for them.

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

Dirty Cinema Launches New Paysite 'MILFuckd'

Dirty Cinema has launched a new paysite, MILFuckd.com, on its network.

Phoenix Marie Stars in Latest From Blacked

Phoenix Marie stars with Isiah Maxwell, Hollywood Cash, and Chocolate Rod in a new airtight scene from Vixen Media Group studio imprint Blacked.

Eris Jolie Stars in Latest Release From GroobyVR

Eris Jolie stars in the latest POV release from GroobyVR.

Amirah Adara, Leya Desantis & Annalisa Atomic Blonde Star in 'Wicked Games' From MixedX

Amirah Adara, Leya Desantis and Annalisa Atomic Blonde star in the latest MixedX scene, “Wicked Games.”

Brazzers Debuts Limited Series 'MILF Spa'

Brazzers has released the first installment of its new limited series, "MILF Spa."

Casey Calvert, Victoria Voxxx Star in Latest 'Lez Be Bad'

Casey Calvert stars with Victoria Voxxx in "A Gift That Keeps on Giving," the latest episode of Adult Time series "Lez Be Bad."

BiPhoria Releases Jim Powers' 'Bi Hitchhikers 2'

Jim Powers directs the second installment of the BiPhoria series “Bi Hitchhikers.”

Ariel Demure Toplines 'TS Cheaters 6' From TransSensual

Ariel Demure headlines the sixth volume of “TS Cheaters,” from Mile High Media studio imprint TransSensual.

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).

Show More