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Court Rules 2257 and 2257A to be Unconstitutional
I am one of the named plaintiffs in a lawsuit, originally filed in 2009, seeking to have the laws commonly known as 2257 and 2257A declared to be unconstitutional. We have finally won that lawsuit. The judge has issued a ruling that says the laws are unconstitutional in nearly every aspect and has issued an injunction preventing the government from enforcing all but one provision of the laws. The sole remaining requirement from these laws is the requirement to check the identifications of models to confirm that they are at least 18 years old. I don’t think anyone has a problem with that requirement. A little more detail: The court has struck down under the First Amendment the recordkeeping requirements; struck down the labeling requirements; struck down the applications of the statutes to secondary producers, who do not actually produce the images but publish depictions produced by others; and struck down the criminal penalties, which included prison terms and large fines, except for primary producers who fail to check ID’s of performers. In addition, the court struck down the inspection provisions of the statutory scheme under the Fourth Amendment. The government may still appeal this ruling, but as it stands now 2257 and 2257A have been struck down in all but the requirement to check IDs. Other than that one provision the court has enjoined the government from enforcing the provisions of the law. Aug 10 18 08:38 am Link Great news! Aug 10 18 08:44 am Link It never should have been passed! Glad to hear it seems to be history. Aug 10 18 08:48 am Link YAY! Is the text of the injunction available online somewhere? Aug 10 18 08:55 am Link I have a copy of the ruling, but I don't know that it is available on line. Aug 10 18 08:56 am Link When I think of all the man-hours and resources that I've expended recording, printing, filing and preserving 2257 paperwork since the mid 90's . . . what a waste ! Aug 10 18 09:34 am Link Outstanding! With such a broad sweep, it's hard to imagine the DOJ appealing this ruling. Aug 10 18 10:08 am Link Leaving the only reasonable part of the laws - check ID. Aug 10 18 11:52 am Link That's good to hear (or rather read). Congrats, Dave. Aug 10 18 12:02 pm Link Ken Marcus Studios wrote: I share your pain. The legal fees, the mountain of paper, the cross-referencing, the lost weekends up to my eyeballs in red tape just so I can take a g'dam photograph. And now, my heart felt gratitude goes out to those who championed our cause. Aug 10 18 02:45 pm Link The OP and others involved in fighting this deserve a medal Aug 10 18 08:00 pm Link Brooklyn Bridge Images wrote: Amen to that! Aug 11 18 10:01 am Link This is a free speech coalition case and the court filing can be found here of the details of the judges decision. Here is the site: https://www.freespeechcoalition.com/blo … ping-case/ Aug 11 18 10:36 am Link LA StarShooter wrote: Thank you for sharing that link. I hadn't seen the FSC story. And it's helpful that they included the judgement document in their post. Glad it's available on line now. Aug 11 18 01:18 pm Link congratulations and thank you Aug 11 18 02:24 pm Link Thank you! Aug 11 18 04:52 pm Link Brooklyn Bridge Images wrote: At minimum, a paid for ... open bar Aug 11 18 06:20 pm Link Thanks for those who took the bull by the horns and brought this over zealous law to an end. Freedom is not free - it is our collective responsibility to help preserve it on all its forms. We all are grateful. Aug 12 18 12:32 pm Link While this is great news, the FSC says they expect the DOJ to appeal so it may still be a long time before "the fat lady sings". Aug 12 18 04:29 pm Link Double post Aug 12 18 04:29 pm Link WOW! Aug 14 18 04:06 pm Link Weldphoto wrote: +1 Aug 14 18 06:12 pm Link
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Reason: inflammatory Aug 15 18 10:00 am Link Moderator Note!
Let's keep this thread on-topic so it doesn't have to be locked. Thanks! Aug 15 18 10:18 am Link Looks like I missed some fireworks. This topic has seemed to draw out some trolls in the past. Thanks to the moderator for keeping things under control, even though I really don't know what was being said. Aug 15 18 05:27 pm Link While I'm late to the party, I'd like to give a strong "thank-you" to you, Dave, for all of your ongoing work on this. Kudos!! Aug 18 18 07:35 pm Link Also a big thanks to Dave & others! Aug 21 18 07:32 pm Link Great news for common-sense laws, but until its posted/verified that n some independent venue I’m not getting excited. Sep 01 18 04:06 pm Link DaveL: Is there any up date on this? Was there an appeal? What circuit was the case heard? Do you have a link to the ruling? Apr 12 19 01:56 pm Link Justice Department Appeals 2257 Judgment, Decree https://www.xbiz.com/news/239083/justic … ent-decree Oct 1, 2018 5:15 PM PDT "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." ... “As we expected, the government has appealed Judge Baylson’s ruling striking down major parts of the 2257 regulations as unconstitutional under the First and Fourth Amendments, and permanently enjoining the government from enforcing those parts of the statutory scheme," Leue said. "FSC has a right to appeal as well, and we will continue to defend the rights of legal producers.” Apr 12 19 06:34 pm Link DaveL wrote: Congratulations! Apr 12 19 10:33 pm Link |