FSC Asks Appeals Court to Review 2257 Final Judgment, Decree

FSC Asks Appeals Court to Review 2257 Final Judgment, Decree

WASHINGTON — The Free Speech Coalition has also filed a notice of appeal with the 3rd U.S. Circuit Court of Appeals over a federal judge’s final judgment and decree in regards to recordkeeping regulations for adult producers, 18 U.S.C. §§ 2257 and 2257A.

The FSC’s filing, made late yesterday, offers no explanations of the appeal; the Justice Department also filed an appeal with the 3rd Circuit without explanation on Monday.

In his decision over the regs, 18 U.S.C. §§ 2257 and 2257A, U.S. District Judge Baylson found that large parts of the recordkeeping regulations were unconstitutional on First Amendment grounds. The decision, however, did not flatten the law for the adult entertainment industry. An earlier FSC victory against the regulations on Fourth Amendment grounds came from a 3rd U.S. Circuit Court of Appeals ruling.

Under 2257, both primary and secondary producers — including cam and tube sites — are required to keep extensive, cross-referenced records of any model that appears on their site, regardless of whether that site had any role in producing the original content.

On Monday, the FSC's executive director, Eric Paul Leue, hinted that the adult entertainment trade group might challenge the ruling because it was not sweeping.

Leue told XBIZ on Monday: "FSC has a right to appeal as well, and we will continue to defend the rights of legal producers.”  

Other plaintiffs named in the long-running lawsuit, besides the FSC, include the American Society of Media Photographers Inc., Sinclair Institute, Carol Queen, Barbara Nitke, David Steinberg, Nina Hartley, Dave Levingston, Tom Hymes, Barbara Alper, Betty Dodson and Carlin Ross.

View notice of appeal