opinion

Denver 2257 Case Dismissed without Prejudice

Diane Duke
Earlier this month, FSC’s case Free Speech Coalition et. al. v. Attorney General was dismissed without prejudice. I asked our Legal Committee chair and industry attorney, Reed Lee to provide a simple explanation of what that means:

“Dismissal without prejudice means that FSC, its co-plaintiffs and its members remain free to challenge Section 2257, Section 2257A, and the related regulation on all grounds and in any application. None of Judge Miller's rulings will have any further effect .” In light of the substantial changes to 2257 and its regulations in the Adam Walsh Act, the rulings that were issued in the Denver litigation were largely rendered moot. After the DOJ’s release of the final regulations in December of 2008, FSC decided that it would be in its members’ best interest to start litigation anew.

As we look to the new case I would be remiss if I didn’t point out the outstanding work of our legal team Louis Sirkin and Jennifer Kinsley from Sirkin, Pinales & Schwartz, Paul Cambria and Roger Wilcox of Lipsitz, Green, Scime and Cambria and Arthur Schwartz and Michael Gross of Schwartz and Goldberg. Because of their work, thousands of FSC members were spared the onerous burden of record keeping for four years.

We at FSC believe that Congress’ reaction to the victories achieved in Denver have created a more favorable basis in which to challenge 18 U.S.C. 2257.

FSC is in the initial stage of launching our next litigation against the federal government concerning 18 U.S.C. 2257. We are cautiously optimistic as we continue to defend our members and the industry against this legislative nightmare.

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