| Author | Post |
|---|---|
| pringles All-Star Member 1351 Posts 2/08 | 2257 Trial Kicks Off in Philadelphia (AVN) "Judge Michael M. Baylson wasted no time getting down to the business of deciding the constitutionality of 18 U.S.C. §2257 and 2257A (hereafter "2257"), the federal recordkeeping and labeling law that's been on the books in one form or another since 1988." Some background: October 7, 2009 - Free Speech Coalition Files Landmark 2257 Lawsuit July 30, 2010 - Judge Dismisses Free Speech's 2257 Lawsuit April 16, 2012 - Third Circuit Reverses 2257 Decision on Appeal "Attorneys J. Michael Murray and Lorraine Baumgardner represented FSC and the other plaintiffs in the suit, which challenged 2257 and 2257a on grounds that the regulations violate the First, Fourth, and Fifth Amendments to the U.S. Constitution—and in doing so abridge the rights of adult producers and threaten the privacy rights of adult performers." Child Protection and Obscenity Enforcement Act "require producers of sexually explicit material to obtain proof of age for every model they shoot, and retain those records. Federal inspectors may at any time launch inspections of these records and prosecute any infraction." DOJ defined an entirely new class of producers known as "secondary producers." According to the DOJ, a secondary producer is anyone who "publishes, reproduces, or reissues" explicit material. [Link] |
| pringles All-Star Member 1351 Posts 2/08 | |
| pringles All-Star Member 1351 Posts 2/08 | Nina Hartley testified today. |
| pringles All-Star Member 1351 Posts 2/08 | Gail Dines and erotic photographer Barbara Nitke testified on day four. |
| wcw43921 Senior Member Look Into My Eyes-- 1252 Posts 4/08 | And once again, our Ms. Hartley proves herself one of the smartest and most sane persons in the adult industry--if not the whole human race. _________________________________________________________________________________ "There can never be too many beautiful women Hypnotized for our pleasure." |
| pringles All-Star Member 1351 Posts 2/08 | Janis Wolak, senior research assistant with the Crimes Against Children Research Center at the University of New Hampshire FBI Special Agent Stephen Lawrence, one of the former agents in charge of the FBI's 2257 inspection team |
| pringles All-Star Member 1351 Posts 2/08 | FBI Special Agents Stephen Lawrence and Charles Joyner, and Dr. Mark Zimmerman, a professor at the University of Michigan's School of Public Health Plaintiffs' Final Expert Testifies on Seventh Day of 2257 Trial (AVN) Dr. Daniel Linz, UC-Santa Barbara |
| pringles All-Star Member 1351 Posts 2/08 | Dr. Francis Biro, director of adolescent medicine at Cincinnati Children's Hospital Medical Center Dr. Philip Stark, a professor of statistics and chairman of that department at the University of California at Berkeley Judge Baylson expects to rule on the case next month. |
| pringles All-Star Member 1351 Posts 2/08 | |
| LCF All-Star Member Non Prevalebunt! 10364 Posts 1/05 | |
| pringles All-Star Member 1351 Posts 2/08 | Plaintiff's Post-Trial Brief Lays Out Arguments for Striking 2257 (AVN) DOJ Tries to Make the Case That FSC Doesn't Have a 2257 Case (AVN) --- 2257 Trial: Digital Audio Recordings Released (Xbiz) links to mp3 audio of the trial |
| pringles All-Star Member 1351 Posts 2/08 | PHILADELPHIA — The federal statutes that mandate performer record-keeping for adult entertainment producers are constitutional under the First Amendment, U.S. District Judge Baylson ruled Thursday. Baylson also said that the statutes, 18 U.S.C. §§ 2257 and 2257A, are constitutional under the Fourth Amendment, except for in one regard – "the allowance of inspections at the residences of producers, without prior notice, cannot be justified on this record." Today's ruling comes after an eight-day bench trial where 21 witnesses presented testimony and over 300 exhibits were entered into evidence. |
| wcw43921 Senior Member Look Into My Eyes-- 1252 Posts 4/08 | |
| Harri Patel Senior Member #SDNY he's all yours. -- Michael Steele 5110 Posts 3/03 | |
| pringles All-Star Member 1351 Posts 2/08 | PHILADELPHIA — Attorneys for the Free Speech Coalition and 15 co-plaintiffs delivered a brief to the 3rd U.S. Circuit Court of Appeals today challenging the constitutionality of 18 U.S.C. §2257 and 2257A, the federal record-keeping statutes for adult producers. The adult entertainment trade group is appealing U.S. District Judge Michael Baylson's decision last summer finding the 2257 statutes constitutional under the First Amendment. more detail in the link above Free Speech Plaintiffs File Appeals Brief in 2257 Case (AVN) |
| pringles All-Star Member 1351 Posts 2/08 | PHILADELPHIA — In an amicus brief filed Monday, the ACLU and the Electronic Frontier Foundation sided with the Free Speech Coalition and other co-plaintiffs, asking the 3rd U.S. Circuit Court of Appeal to reverse a lower court ruling finding the federal record-keeping statutes for adult producers constitutional. The ACLU and EFF told the 3rd Circuit in the friend-of-the-court brief that they “seek to protect the rights of the millions of ordinary Americans who create sexually explicit ‘depictions’ for personal non-commercial use that put them at risk of criminal liability under 18 U.S.C. §§ 2257 and 2257A.” |
| pringles All-Star Member 1351 Posts 2/08 | PHILADELPHIA — The 3rd U.S. Circuit Court of Appeals has upheld the core of 18 U.S.C. § 2257 requiring producers of pornography to keep records of the ages and identities of people appearing in explicit photos or videos. A three-judge panel, asked to consider the constitutionality of the statutes' recordkeeping, labeling, and inspection requirements for adult entertainment companies, today affirmed a lower court’s denial of plaintiff Free Speech Coalition’s First Amendment claims, except with regard to one aspect — the inspection of records involving those taking place during normal business hours and at such places as specified in the statute. The appeals court remanded the case back to the lower court to enter a judgment declaring that the warrantless searches during inspections violate the Fourth Amendment. But the Philadelphia-based 3rd Circuit ruled that the statutes, 18 U.S.C. §§ 2257 and 2257A, are, for the most part, "narrowly tailored" and, therefore, constitutional. FSC Responds to Todays 3rd Circuit Ruling Over 2257 Regs (Xbiz) |
| joachim Senior Member 03 12 15 16 18 04 07 13 18 2285 Posts 1/09 | |
| Harri Patel Senior Member #SDNY he's all yours. -- Michael Steele 5110 Posts 3/03 | |
| pringles All-Star Member 1351 Posts 2/08 | PHILADELPHIA — In a big victory for the Free Speech Coalition, the 3rd U.S. Circuit Court of Appeals today vacated and remanded a lower court’s July 2013 ruling that held that performer record-keeping for adult entertainment producers are constitutional under the First Amendment. Jeffrey Douglas, FSC chair, called the judgment "one of the greatest adult industry victories in decades." "The federal government has lost," Douglas told XBIZ. "Most of 2257 is now unenforceable due to its violation of the Fourth Amendment. Because of the strict scrutiny standard required by the 3rd Circuit, we are likely to prevail on our First Amendment claims as well when we return to the trial court. 2257 will then be truly dead. more at the link above After 3rd Hearing, 3rd Circuit Sends 2257 Case Back to Trial Judge (AVN/Mark Kernes analysis) Edited by - pringles on 6/8/2016 3:29:29 PM |
| 2fXZ5yn6vqqC Member 135 Posts 3/16 | |
| pringles All-Star Member 1351 Posts 2/08 | The 3rd U.S. Circuit Court of Appeals on Thursday denied the Justice Department’s petition for a rehearing over a three-judge panel’s decision over 18 U.S.C. §§2257 and 2257A, the federal statutes that govern performer record-keeping for sexually explicit content. The 3rd Circuit ruling sends the case back to U.S. District Judge Michael Baylson’s courtroom in Philadelphia for reconsideration. Or, for the matter, an appeal to the U.S. Supreme Court by the Justice Department. more at the link above |
| aclayfan All-Star Member 5059 Posts 8/11 | |
| pringles All-Star Member 1351 Posts 2/08 | PHILADELPHIA — A federal judge today, siding with the Free Speech Coalition and other plaintiffs, declared unconstitutional key portions of 18 U.S.C. §§2257 and 2257A, the federal performer record-keeping statutes for adult entertainment producers. U.S. District Judge Michael Baylson today entered a judgment in favor of the adult entertainment trade group and against the government over portions of 2257 that allow the authority to inspect records of adult producers and require recordkeepers to "make such records available to the attorney general for inspection at all reasonable times.” Baylson said that those elements of 2257 were facially unconstitutional under the Fourth Amendment, which protects against unreasonable searches and seizures. more at the link above |
| CummingLinguist All-Star Member 5908 Posts 11/11 | |
| pringles All-Star Member 1351 Posts 2/08 | PHILADELPHIA — A federal judge has scheduled deadlines for briefs to be filed in the Free Speech Coalition’s continuing lawsuit over the legality of federal performer record-keeping statutes for adult entertainment producers. Last month, U.S. District Judge Michael Baylson ruled that elements of 18 U.S.C. §§2257 and 2257A were facially unconstitutional under the Fourth Amendment, which protects against unreasonable searches and seizures. Now the pendulum swings over to First Amendment issues. Last week, FSC attorneys J. Michael Murray and Lorraine Baumgardner filed a motion asking for an entry of judgment declaring that 2257 also violates free speech rights. Justice Department attorneys, meanwhile, filed their own motion seeking an entry of judgment, concluding that 2257 and its implementing regulations aren’t facially overbroad. more at the link above |
| pringles All-Star Member 1351 Posts 2/08 | FSC's 2257 Case Heads Back to Court on Sept. 28 (Xbiz) PHILADELPHIA — Later this month, a federal judge in Philadelphia will hear oral arguments on competing motions for judgment in the Free Speech Coalition’s long-running challenge over federal record-keeping statutes for adult entertainment producers. The two opposing sides, the FSC and the Justice Department, are each seeking a judgment in their favor. At the heart of the current case, the FSC contends that the Justice Department has failed to establish the existence of a problem that 18 U.S.C. §§ 2257 and 2257A were purportedly enacted to address and that the statutes are unconstitutionally overbroad. more at the link above |
| pringles All-Star Member 1351 Posts 2/08 | 2257 Case Moves Closer to Industry-Favorable Decision (AVN/Mark Kernes) "In the end, Judge Baylson made it quite clear that unless the government could meet its strict scrutiny burdens, he was inclined to rule 2257 to be unconstitutional, unless the government and the plaintiffs could arrive at an industry standard regarding ID checking/retention that would allow recognized commercial producers to be let out of 2257's requirements." U.S. Judge Hears Oral Arguments in FSC's 2257 Case (Xbiz) more at the links above Edited by - pringles on 9/28/2017 6:50:56 PM |
| pringles All-Star Member 1351 Posts 2/08 | FSC Institutes Formal Age Verification Policy for Adult (AVN) The Free Speech Coalition (FSC) Thursday announced its own formalized age verification policy for adult producers, per the following notice: The Free Speech Coalition formalized the industry’s long-standing age-verification practices, which preceded the enactment of 18 U.S.C. § 2257, as a “Best Practices” policy for adult producers. If at some future date, 18 U.S.C. § 2257 and 18 U.S.C. § 2257A should not be in force and effect, this will reflect the Best Practice for the adult industry. These policies do not replace 18 U.S.C. § 2257 and 18 U.S.C. § 2257A. Everyone should continue to comply with Section 2257 and/or 2257A, as applicable. more at the link above |
| pringles All-Star Member 1351 Posts 2/08 | 2257 Judge Hands Big Win for Adult, Seeks Decree (Xbiz) Adult Industry Scores Major Wins In 2257 Lawsuit (AVN/Mark Kernes) FSC Statement on May 21 Federal Court Ruling Regarding 2257 (FSC) "Major arguments made by the Free Speech Coalition have prevailed, and the court struck down a number of the statutes' key provisions as unconstitutional under the Free Speech Coalition and other Plaintiffs' as-applied challenge. Specifically, it struck down the statutory scheme as to secondary producers, struck down the recordkeeping requirements as to all producers, and struck down the statutes' criminal penalties as unduly harsh. The only portion of the statutes the court upheld is the requirement that primary producers check the IDs of their performers to verify their ages." more in the link above |
| shalalin Senior Member 1734 Posts 11/07 | |
| pringles All-Star Member 1351 Posts 2/08 | The Legal challenges section of the 2257 Wikipedia page covers the history of the regulation. The initial iteration of 2257 was first passed in 1988 before it was struck down as unconstitutional. It has changed several times since then. |
| shalalin Senior Member 1734 Posts 11/07 | |
| pringles All-Star Member 1351 Posts 2/08 | FSC, Justice Department Can't Agree About Proposed 2257 Judgment (Xbiz) 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. more at the link above |
| pringles All-Star Member 1351 Posts 2/08 | PHILADELPHIA — The Free Speech Coalition late yesterday issued a memorandum to a federal judge hearing ongoing proceedings over 18 U.S.C. §§ 2257 and 2257A, asking the court for a final judgment to declare the federal recordkeeping laws unconstitutional and to enjoin their enforcement. ... The FSC has proposed an outline of a new simple, straightforward labeling regulation requiring primary producers of visual depictions of actual and simulated sexually explicit conduct to affix a label to such visual depictions stating that all persons appearing in those depictions are 18 years of age or older. more at the link above |
| pringles All-Star Member 1351 Posts 2/08 | PHILADELPHIA — Justice Department attorneys, in a filing late yesterday, told a federal judge that injunctive relief should only apply to plaintiffs who signed on to challenge federal recordkeeping laws 18 U.S.C. §§ 2257 and 2257A. more at the link above |
| pringles All-Star Member 1351 Posts 2/08 | VICTORY! 2257 Judgment Is Almost All We Could Ask For (AVN/Mark Kernes) "PHILADELPHIA-Early Monday morning, Judge Michael M. Baylson released his Final Judgment and Order in the long-running federal record-keeping and labeling case, better known simply as "2257." The judgment gives the adult industry nearly everything it has asked for in overturning the law and its implementing regulations. ... In short, the only people who can still be held liable under 2257 are primary producers who fail to check performers' ID documents and/or fail to verify their ages, and the court refused to strike down the criminal penalties for those who do fail to check." more at the link above 2257 Judge Delivers Big Win in Final Judgment, Decree (Xbiz) "Today's final judgment and decree was a major win for the Free Speech Coalition, which along with other plaintiffs, waged and won First and Fourth Amendment claims over the statutes and accompanying regulations." more at the link above Edited by - pringles on 8/6/2018 1:49:14 PM |
| Drew Black broken crankshaft 8011 Posts 9/99 | |
| pringles All-Star Member 1351 Posts 2/08 | "For the most part, Judge Baylson found that the government had failed to justify the law in most respects." FSC Issues Statement About 2257 Legal Victory (Xbiz) Edited by - pringles on 8/8/2018 2:38:51 PM |
| Drew Black broken crankshaft 8011 Posts 9/99 | |
| pringles All-Star Member 1351 Posts 2/08 | Gail Dines Tackles FSC's 2257 Victory - And Gets Most Of It Wrong (AVN/Mark Kernes) CYBERSPACE-Now that Free Speech Coalition has its victory over the federal record-keeping and labeling law under its belt (pending appeal, of course), we knew it was probably time for the anti-porn bottom-feeders to weigh in on it-and first to raise her head from the trough is Gail Dines, professor of women's studies at Wheelock College, along with her co-author UMass's David L. Levy, though the invective seems to be pure Dines throughout. And of course, the pair get just about every important point wrong about not only the decision itself, but its likely effects on society. more at the link above |
| Smiler Grogan All-Star Member the war cry 14790 Posts 1/08 | |
| pringles All-Star Member 1351 Posts 2/08 | Saying “the pro-pornography lobby has a strong offense,” National Center on Sexual Exploitation Executive Director Dawn Hawkins recently reached out to anti-porn activists with a fundraising plea aimed at establishing a war chest for the purposes of overturning the industry’s recent court victories — specifically in regard to the 18 U.S.C. §§ 2257 and 2257A federal record-keeping requirements. “The Free Speech Coalition, a deceptively-named pro-pornography lobbying group, claims it has spent more than $1 million since 2005 to fight 2257. This massive offensive played a role in tipping the scales in favor of the porn industry and against human dignity,” Hawkins says, asking, “Why would the porn industry want to overturn this regulation?” more at the link above |
| LCF All-Star Member Non Prevalebunt! 10364 Posts 1/05 | Well at least they showed what color that law really was, it was and still is considered a antiporn law even though it's sold as a law meant to contrast child abuse , they know extremely well that it would damage the industry it's a tool meant with a purpose and it's not the one they said it would be |
| pringles All-Star Member 1351 Posts 2/08 | WASHINGTON — The Justice Department today appealed a federal judge’s final judgment and decree in the Free Speech Coalition’s long-running case over recordkeeping regulations for adult producers. The government’s appeal to the 3rd U.S. Circuit Court of Appeals stems from a ruling issued in August by U.S. District Judge Michael Baylson. In his decision over the regs, 18 U.S.C. §§ 2257 and 2257A, Baylson found that large parts of the recordkeeping regulations were unconstitutional on First Amendment grounds. An earlier FSC victory against the regulations on Fourth Amendment grounds came from a 3rd U.S. Circuit Court of Appeals ruling. more at the link above |
| pringles All-Star Member 1351 Posts 2/08 | WASHINGTON — The Free Speech Coalition has also filed a notice of appeal with the 3rd U.S. Circuit Court of Appeals over a federal judge’s final judgment and decree in regards to recordkeeping regulations for adult producers, 18 U.S.C. §§ 2257 and 2257A. The FSC’s filing, made late yesterday, offers no explanations of the appeal; the Justice Department also filed an appeal with the 3rd Circuit without explanation on Monday. more at the link above Edited by - pringles on 10/8/2018 12:25:04 PM |
| pringles All-Star Member 1351 Posts 2/08 | PHILADELPHIA (CN) — Ruling for the third time on a case over pornography regulations spanning the last decade, the Third Circuit found it unconstitutional for adult filmmakers to keep records on performers’ ages. “The requirements ‘do not advance the government’s interest’ when sexually explicit depictions show ‘performers whom no reasonable person could mistake’ for a child,” U.S. Circuit Judge Michael Chagares wrote Tuesday for a three-judge panel in Philadelphia.
PHILADELPHIA—It was back on September 12 of 2019 that the Third Circuit U.S. Court of Appeals heard its final argument in the case brought by Free Speech Coalition and several other plaintiffs to free the adult industry from the onerous recordkeeping and labeling burdens created by Congress' passage, way back in 1988, of 18 U.S.C. §§2257 and, later, 2257A—and the result was a mixed-bag opinion issued today, authored by Circuit Judge Michael Chagares. Judge Chagares, writing for a three-judge panel that included Circuit Judges Kent A. Jordan and Luis Felipe Restrepo, noted that the adult industry has been fighting 2257/2257A in the Third Circuit since 2009, and stated at the outset that, "we laud the District Court for its skillful handling of this complex case throughout." The case first came before District Court Judge Michael M. Baylson, who has issued three prior opinions in the case, some of which the Third Circuit supports, but took issues with parts of others.
|
| pringles All-Star Member 1351 Posts 2/08 | "A panel of the U.S. Third Circuit Court of Appeals gave FSC and the other plaintiffs a victory in this 2257 case, even if the somewhat complicated ruling did not go as far as we hoped it would. Here are the most important facts about the ruling: Section 2257 and 2257A of the US Criminal Code ("2257") were ruled unconstitutional under both the First Amendment and the Fourth Amendment, but the law was not struck down in its entirety for all producers The FBI can no longer demand access to your records for random inspections You are now less likely to be charged with a crime under 2257 and even less likely to be successfully prosecuted Both sides of the lawsuit have 45 days to file a petition for a rehearing, so this fight isn't finished You should continue all record-keeping requirements under 2257 as currently written" much more at the link above Edited by - pringles on 9/3/2020 9:21:06 PM |
| snufish Member 580 Posts 4/14 | |
| pringles All-Star Member 1351 Posts 2/08 | Free Speech Coalition's long-running battle with the federal government has ended, with several substantial victories for adult businesses and workers. The federal government failed to appeal the case to the Supreme Court by the March 26 deadline, and, as such, last year's landmark ruling in the 3rd Circuit now stands as final. As such, no adult business can ever be subject to a warrantless inspection under 2257. The Bush-era raids that once terrified adult businesses, and helped launch this legal challenge, have now been officially declared unconstitutional. While 2257 and 2257A were not struck down in their entirety for all adult producers, the 3rd Circuit did rule that all provisions are unconstitutional for most of the plaintiffs who were originally party to the suit. This is a powerful precedent for producers in the 3rd Circuit, and it is likely to be very influential nationally. In the face of this ruling, it will be extremely difficult for the government to prosecute 2257-related offenses as originally envisioned. FSC first filed suit in 2009, after the FBI raided over 30 adult businesses looking for minor 2257 record-keeping violations - each of which was a felony. Those who were in the industry at that time will remember the fear and harassment legal adult businesses faced. Our case showed the federal government that we would not stand down in the face of harassment. much more at the link above |
| T-Bone the Disco Spider Member 53 Posts 4/21 |
| Use the code below to link to this topic or a specific post. |
| URL of this thread |
| Link to this post with HTML |
| Link to this post with Forum Code |