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Federal Judge Dismisses Free Speech Coalition's 2257 Suit

By Dan Pepper (219 words)
Posted in Entertainment Law on July 28, 2010

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U.S. District Court Judge Michael Baylson has granted the government's motion to dismiss the Free Speech Coalition's 18 U.S.C. § § 2257 and 2257A lawsuit.

The FSC, in its original complaint, said the revised 18 U.S.C. § § 2257 and 2257A regulations are unconstitutional, as well as an unfair burden placed to producers to comply with the regulations.

Baylson, in his decision, said that "the government has a substantial interest in preventing sexual exploitation of children in the production of such depictions." Baylson rejected the FSC's case, focusing on the trade group's 4th Amendment challenge.

He noted "producers of such depictions have adequate notice that their records will periodically be inspected by government officials" and that "Congress has both authorized inspections and created rules, further fleshed out by implementing regulations, governing the procedures that inspectors must follow."

Baylson also said that his holding is consistent with case law relative to administrative searches and that the searches are for "specific and limited purpose" of inspecting records required in a regulatory scheme.

This is an unfortunate, but not surprising, result in the litigation challenging the constitutionality of 18 U.S.C. 2257 and 2257A.  This means business as usual for record keeping and labeling for producers and secondary producers of adult content, and will likely be the case for the foreseeable future.

 

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