Home > Features > FSC's New Challenge to 2257 • Bookmark   • Newsletters   • Register Search Options

FEATURE

FSC's New Challenge to 2257

FSC's New Challenge to 2257

December 19, 2009
Text size: 
View in Digital Mag
Get XBIZ News
XBIZ Research
Will virtual reality boost the paysite market?
Yes, it will soon
  39.66%
Yes, but in a few years
  36.87%
No
  23.46%
Out of 179 votes. Results based on votes submitted by members of XBIZ.net social network.

" If you are not an FSC member, don’t miss your opportunity to be included under the umbrella of this critical litigation. "

On Oct. 7, the Free Speech Coalition launched a lawsuit against the federal government challenging the constitutionality of 18 U.S.C. § 2257. If you are not an FSC member, don’t miss your opportunity to be included under the umbrella of this critical litigation.

Why Now?

On Dec. 18, 2008, the Justice Department published long awaited final” regulations required by the Adam Walsh Act, which amended 2257 and enacted 2257A and broadened 2257’s record keeping and labeling requirements. These regulations took effect on Jan. 20, and contained the finalized regulations implementing both 2257 and 2257A.

2257’s record keeping and labeling requirements have been dramatically expanded to apply to a vast amount of adult expression and apply to a vast number of persons who produce sexual imagery — both primary and secondary producers — including those who create the original images, those who digitize those images, those who insert such images on a computer or website, or those who publish them or re-publish them in a magazine, catalogue or brochure.

18 U.S.C. § 2257 is a criminal statute. Failure to comply with its provisions is punishable by a prison term of up to five years, a hefty fine, or both.

After the 6th U.S. Circuit Court of of Appeals found 2257 unconstitutional in Connection Distributing v. Holder, the FBI halted 2257 inspections. That decision was later overturned. Connection Distributing asked the Supreme Court to hear its appeal. On Oct. 5, the Supreme Court denied cert.

Why FSC?

FSC’s mission is to lead, protect and support the growth and well being of the adult entertainment industry. One component of that mission is to serve as a legal watchdog for the industry. As the adult entertainment industry’s trade association, through our membership, FSC is able to represent all sectors of the industry nationwide.

Through FSC’s filing of an injunction in its first challenge to 2257, the judge essentially struck down the secondary producer provision of the regulations. Congress moved in and changed the law to include secondary producers through the Adam Walsh Act, essentially rendering FSC’s injunction moot. FSC vacated that lawsuit without prejudice in order to challenge both 2257 and 2257A head-on.

Be Protected

FSC’s counsel, J. Michael Murray and his firm, Berkman, Gordon, Murray and DeVan have filed a constitutional challenge to 18 U.S.C. § 2257, 18 U.S.C. § 2257A and are seeking an injunction against those statutes and their implementing regulations. FSC will be joined in this lawsuit by an exceptional group of additional plaintiffs. In our previous litigation, the judge gave a two-week window to allow businesses to join FSC in order to be included under the injunction, and it saved those members thousands in the cost of compliance. There is no guarantee that the judge in this case will apply the same window.

If you want to be included in any potential injunctive relief under FSC’s 2257 litigation, make sure that you are an FSC member.

To join FSC and be included under the new lawsuit and injunction, contact FSC at (818) 348-9373, or email kim@freespeechcoalition.com.

If you have additional questions about FSC’s 2257 litigation call me at (818) 348-9373, or email diane@freespeech coalition.com.

By combining our resources and our efforts, the FSC, our members and the adult entertainment industry can and will strive to put the issue of 2257 to rest, once and for all.


OPINIONS & VIEWS

Data Privacy Is Tightening Up in the E.U.

Have you begun preparing for GDPR? If you are like most, you haven’t even heard of GDPR, but also if you are like most, it is going to affect your business, starting May 25, 2018. The GDPR, or General... More »

Could Adult Content Be Banned?

Earlier this month, I met with the Free Speech Coalition’s board of directors for our annual review. Despite the headwinds our industry faces, politically and economically, we are, as an organization,... More »

Cutting Costs in the Spirit of Entrepreneurship

Adult website owners are comprised of two groups: One is comfortable giving up 30-50 percent of their site’s gross sales revenue (aka profit) in exchange for software, hosting and services despite... More »
XBIZ NEWSLETTERS
Stay informed of the latest industry developments. Get XBIZ newsletters delivered to your inbox. Subscribe today!
Enter email address:

* To manage existing subscriptions click here.






POPULAR PRODUCTS & SERVICES
Submit your press release to
multiple news outlets with 1 click.
Subscribe to RSS news feeds or
add free content to your website.
Access XBIZ news and articles
with your mobile device.
Subscribe to XBIZ Premiere magazine, the industry's leading adult retail trade publications, delivering the most timely and comprehensive business news and information to producers and retailers of adult products.

UPCOMING EVENTS

XBIZ Retreat

May 30 - Jun 03
Miami, Florida

XBIZ Miami 2017

May 30 - Jun 02
Miami, Florida

XShow 18+ 2017

Jun 01 - Jun 03
Moscow, Russia

Cam Summit

Jun 02 - Jun 04
Lloret de Mar, Spain
Everyday thousands of business professionals browse XBIZ's industry directory for quality products and services. Not listed yet? Your company could be losing potential new business. Submit your company today!
Use XBIZ RSS feeds to stay informed of the latest industry developments or as a content syndication tool for your website!