2257 Oral Argument Date Set for December

Rhett Pardon

PHILADELPHIA — The clerk of the 3rd U.S. Circuit Court of Appeals has scheduled oral arguments for Dec. 9 in the Free Speech Coalition's case against the federal government over 18 U.S.C. §§ 2257 and 2257A.

The long-running case is now down to the wire in the appellate phase.

The Free Speech Coalition and other co-plaintiffs have asked for the case to be remanded back to the trial court with instructions to enter a judgment declaring the record-keeping law for adult producers unconstitutional under the First and Fourth Amendments.

U.S. District Judge Michael Baylson last year found 18 U.S.C. §§ 2257 and 2257A constitutional under the Fourth Amendment, except for in one regard — "the allowance of inspections at the residences of producers, without prior notice, cannot be justified on this record."

Oral arguments are slated on Dec. 9 at 2 p.m. at the Collins J. Seitz Courtroom at U.S. Courthouse in Philadelphia. Each counsel will get 20 minutes oral argument time.