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FSC Explains 2257 Ruling

CHATSWORTH, Calif. — The Free Speech Coalition is taking steps to outline the recent preliminary ruling by Judge Walker D. Miller on 18 U.S.C. § 2257 and has invited members to email questions on the issue for the upcoming FSC membership meeting at the Adult Entertainment Expo.

The FSC legal staff has compiled preliminary determinations on the ruling:

  • The Dec. 28 ruling by Judge Miller has resulted in a de facto “status quo” situation for all FSC members and other plaintiffs in the case.

  • The ruling does not define FSC membership according to join date. All up-to-date FSC members are covered under this ruling, whether they joined a year ago, today, tomorrow, or anytime up until a final ruling in FSC vs. Gonzales.

  • The Department of Justice is enjoined from enforcing 2257 against “Producers” under 28 CFR Part 75, unless they engage in activity that involves the “hiring, contracting for, managing, or otherwise arranging for the participating of the depicted performer.” In other words, FSC members and other plaintiffs who are “Secondary Producers” are protected under the ruling from 2257 inspection or enforcement until a final ruling in this case.

    • Questions on Miller’s ruling can be emailed to legal@freespeechcoalition.com, which will forward them to FSC legal staff for review. Communications Director Tom Hymes said the staff plans to answer as many of the questions as possible during the Jan. 5 meeting, which is scheduled to begin at 5:30 p.m. in room 403 of the Sands Expo. Questions and answers also will be posted on the FSC website.

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