FSC Selects Attorney for 2257 Litigation

CANOGA PARK, Calif. — The Free Speech Coalition has selected attorney J. Michael Murray and the Cleveland-based law firm of Berkman, Gordon, Murray and DeVan to move forward with litigation challenging 18 U.S.C. § 2257 and the regulations that were revised in December.

The selection was made by the FSC Attorney Selection Committee, after a two-month long request for proposal in which both industry and mainstream attorneys and law firms submitted proposals for the case.

“We had an abundance of riches in that all firms that applied were highly competent and impressive,” FSC Executive Director Diane Duke said. “After lengthy and careful evaluation, the committee agreed that Michael Murray and the firm of Berkman, Gordon, Murray and Devan were the right choice.”

Murray will be the firm’s partner in charge of the case. Murray, who has practiced law for more than 32 years with the firm now known as Berkman, Gordon, Murray and DeVan, has been a vigorous advocate for 1st Amendment rights in the context of adult entertainment, as well as in other areas involving free speech rights.

Murray presented a constitutional challenge to 2257 in the Connection Distributing Co. case, which has been ongoing since 1995 and is headed for the Supreme Court.

The FSC’s 2257 case, Free Speech Coalition vs. Attorney Genera,l was recently dismissed at U.S. District Court in Denver without prejudice, permitting the FSC to pursue further litigation against the federal government in order to challenge the constitutionality of the statute and regulations.

“FSC will keep members and the industry apprised, as it moves forward with the new case,” Duke said.