Forums > General Industry > Court Rules 2257 and 2257A to be Unconstitutional

Photographer

DaveL

Posts: 99

Springfield, Ohio, US

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

Photographer

Zack Zoll

Posts: 6895

Glens Falls, New York, US

Great news!

Aug 10 18 08:44 am Link

Photographer

Bob Helm Photography

Posts: 18904

Cherry Hill, New Jersey, US

It never should have been passed! Glad to hear it seems to be history.

Aug 10 18 08:48 am Link

Photographer

Andrew Koenig

Posts: 363

Gillette, New Jersey, US

YAY! Is the text of the injunction available online somewhere?

Aug 10 18 08:55 am Link

Photographer

DaveL

Posts: 99

Springfield, Ohio, US

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

Photographer

Ken Marcus Studios

Posts: 9421

Las Vegas, Nevada, US

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

Photographer

Managing Light

Posts: 2678

Salem, Virginia, US

Outstanding!  With such a broad sweep, it's hard to imagine the DOJ appealing this ruling.

Aug 10 18 10:08 am Link

Photographer

Jeffrey M Fletcher

Posts: 4861

Asheville, North Carolina, US

Leaving the only reasonable part of the laws - check ID.

Aug 10 18 11:52 am Link

Photographer

PhotographybyT

Posts: 7947

Monterey, California, US

That's good to hear (or rather read). Congrats, Dave.

Aug 10 18 12:02 pm Link

Photographer

hbutz New York

Posts: 3923

Ronkonkoma, New York, US

Ken Marcus Studios wrote:
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 !

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

Photographer

Brooklyn Bridge Images

Posts: 13200

Brooklyn, New York, US

The OP and others involved in fighting this deserve a medal

Aug 10 18 08:00 pm Link

Photographer

Managing Light

Posts: 2678

Salem, Virginia, US

Brooklyn Bridge Images wrote:
The OP and others involved in fighting this deserve a medal

Amen to that!

Aug 11 18 10:01 am Link

Photographer

LA StarShooter

Posts: 2730

Los Angeles, California, US

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

Photographer

DaveL

Posts: 99

Springfield, Ohio, US

LA StarShooter wrote:
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/

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

Photographer

roger alan

Posts: 1192

Anderson, Indiana, US

congratulations and thank you

Aug 11 18 02:24 pm Link

Photographer

Dragon Tail

Posts: 4

Boston, Massachusetts, US

Thank you!

Aug 11 18 04:52 pm Link

Photographer

Jose Deida

Posts: 1293

Reading, Pennsylvania, US

Brooklyn Bridge Images wrote:
The OP and others involved in fighting this deserve a medal

At minimum, a paid for ...  open bar  smile

Aug 11 18 06:20 pm Link

Photographer

Weldphoto

Posts: 844

Charleston, South Carolina, US

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

Photographer

Eye of the World

Posts: 1396

Corvallis, Oregon, US

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

Photographer

Eye of the World

Posts: 1396

Corvallis, Oregon, US

Double post

Aug 12 18 04:29 pm Link

Photographer

TomFRohwer

Posts: 1601

Hamburg, Hamburg, Germany

WOW!

Aug 14 18 04:06 pm Link

Photographer

Abbitt Photography

Posts: 13562

Washington, Utah, US

Weldphoto wrote:
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.

+1

I personally don’t have a goal to produce images that meet the requirements, my concern is more about how our personal freedoms are constantly being chiseled away.  As the linked article stated, 2257 was never about curbing child pornography. I also greatly appreciate all the work people have done to overturn this horrible legislation.

Aug 14 18 06:12 pm Link

Photographer

Virtual Studio

Posts: 6725

Toronto, Ontario, Canada

Post hidden on Aug 15, 2018 10:17 am
Reason: off-topic

Aug 14 18 06:20 pm Link

Photographer

Abbitt Photography

Posts: 13562

Washington, Utah, US

Post hidden on Aug 15, 2018 10:17 am
Reason: off-topic

Aug 14 18 06:35 pm Link

Photographer

Virtual Studio

Posts: 6725

Toronto, Ontario, Canada

Post hidden on Aug 15, 2018 05:50 am
Reason: inflammatory

Aug 14 18 06:56 pm Link

Photographer

Abbitt Photography

Posts: 13562

Washington, Utah, US

Post hidden on Aug 15, 2018 05:52 am
Reason: not helpful
Comments:
Quote of hidden post

Aug 14 18 07:24 pm Link

Photographer

roger alan

Posts: 1192

Anderson, Indiana, US

Post hidden on Aug 15, 2018 05:52 am
Reason: not helpful
Comments:
Quote of hidden post

Aug 14 18 09:32 pm Link

Photographer

Jerry Nemeth

Posts: 33355

Dearborn, Michigan, US

Post hidden on Aug 15, 2018 10:17 am
Reason: off-topic

Aug 14 18 10:38 pm Link

Photographer

Shot By Adam

Posts: 8091

Las Vegas, Nevada, US

Post hidden on Aug 15, 2018 10:17 am
Reason: off-topic

Aug 15 18 07:18 am Link

Photographer

Michael DBA Expressions

Posts: 3730

Lynchburg, Virginia, US

Post hidden on Aug 15, 2018 10:17 am
Reason: off-topic

Aug 15 18 08:23 am Link

Photographer

Virtual Studio

Posts: 6725

Toronto, Ontario, Canada

Post hidden on Aug 15, 2018 10:16 am
Reason: inflammatory

Aug 15 18 10:00 am Link

Photographer

BrandiNett

Posts: 12175

Los Angeles, California, US

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

Photographer

DaveL

Posts: 99

Springfield, Ohio, US

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

Photographer

LightDreams

Posts: 4429

Vancouver, British Columbia, Canada

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

Photographer

Carden Photography

Posts: 425

Tullahoma, Tennessee, US

Also a big thanks to Dave & others!

Aug 21 18 07:32 pm Link

Photographer

Robb Mann

Posts: 12327

Baltimore, Maryland, US

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

Artist/Painter

Hunter GWPB

Posts: 8179

King of Prussia, Pennsylvania, US

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

Photographer

Mark Salo

Posts: 11723

Olney, Maryland, US

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

Model

Jen B

Posts: 4474

Phoenix, Arizona, US

DaveL wrote:
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.

Congratulations!

Now about all the permits and fees to shoot in public for other styles, right?!!!

Apr 12 19 10:33 pm Link