According to the Hollywood Reporter, execs at major motion picture studios are fretting about the possible chilling effects the Pence bill could have on their products. Even more telling, the Los Angeles Times reports that several Hollywood studios have sent lobbyists to Washington in the hopes of derailing support for the bill.
The brouhaha has representatives for the motion picture industry sounding an awful lot like seasoned adult entertainment lawyers.
“We are extremely concerned that this measure is overly broad and violates the constitutional protections of free speech,” said Erik V. Huey, an attorney representing the American Federation of Television and Radio Artists.
Among other provisions, H.R. 3726 criminalizes the production and distribution of R-rated mainstream motion pictures that fail to comply with the record creation and notice provisions of 2257, according to Jeffrey Douglas, lead counsel in the Free Speech Coalition’s 2257-related lawsuit against the U.S. Justice Department.
As reported by XBiz, the bill was attached in September to another bill, H.R. 3132, The Child Safety Act of 2005, and passed the same day by the full House in a 371-52 vote. It is currently being reviewed by the Senate Judiciary Committee.
Now, Hollywood studios are kvetching that the legislation would saddle them with nearly insurmountable record-keeping requirements. Specifically, they say, they would be forced to keep detailed records — including the names, ages and proof of identification — for actors appearing in virtually any physically romantic scene, even those involving no nudity.
Still, it is unlikely that Hollywood will be willing to join hands with the adult entertainment industry in its ongoing struggle against 2257.
When asked if the situation could be turned into an opportunity to invite mainstream studios to stand together with the industry in the name of free speech, First Amendment attorney J.D. Obenberger stated flatly, “Not in a million years.
“You’ve got to understand one thing: They have some credibility in Washington; we’ve got none,” Obenberger said. “If anything, I think that would take the wind out of their sails and be counter productive. It would only water down whatever strength they have.”
