2257 Decision Reversed on Appeal in Third Circuit
CANOGA PARK, Calif. – Free Speech Coalition (FSC) received news this morning that it won the appeal to the U.S. Third Circuit Court of Appeals, overturning an earlier District Court decision to dismiss the suit challenging the constitutionality of 18 U.S.C. § 2257 and 2257a. This allows the lawsuit to continue in the District Court.
The suit was originally filed by FSC and 14 other plaintiffs.
This decision represents a significant victory for FSC, the other plaintiffs and their attorneys, in opposing the regulations governing age verification record-keeping for adult producers and adult performers.
“FSC would like to thank our attorneys Mike Murray and Lorraine Baumgardner for their incredible work on this case thus far,” FSC Executive Director Diane Duke. “This decision is critical in three ways - it was unanimous, it supports the arguments that FSC has made all along and it supports the 4th amendment question included in our most recent challenge to 2257. This is a very important next step in our work to eliminate the burden from the adult industry of this onerous regulation.”
Attorneys Murray and Baumgardner represented FSC and the other plaintiffs in the suit, which challenged 2257 and 2257a on grounds that the regulations violate the First Amendment rights of adult producers and threaten the privacy rights of adult performers.
“We are thrilled today with the victory today, in the Third Circuit, reversing the District Court’s decision dismissing constitutional challenges to 2257 and 2257a,” said Murray. “We’re excited the Third Circuit agreed the First and Fourth Amendment claims are worthy and we’re looking forward to returning to District Court, where we’ll be in a position to put on evidence to demonstrate the constitutional infirmities of this burdensome statutory scheme.
“This represents a great victory for free speech rights and rights of privacy under the Fourth Amendment,” Murray added.
FSC has challenged 2257 regulations on behalf of the adult industry since 2005, when the regulations first came into effect.
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CCBill Joins FSC
CANOGA Park, Calif. – Free Speech Coalition (FSC) is proud to announce that payment processing company CCBill has joined as its newest member.
“CCBill has been a leader in industry payment processing for many years, and FSC is very happy to announce their membership,” said FSC Executive Director Diane Duke. “Particularly, at this time, when there are many challenges that affect revenue for the entire industry, we are thrilled to have the support of CCBill. Clearly, as a company, CCBill supports the industry by providing reliable payment processing options – and now, they are supporting FSC’s efforts to meet the challenges facing adult industry businesses.”
CCBill is a leader in global online payment processing, providing solutions for more than 30,000 websites since 1998.
“We have always been and remain committed to helping businesses in this industry be successful. Our merchants know first-hand how committed we are to protecting their operations and the support FSC provides to the greater online community is right in line with this philosophy. We are proud to be one of the coalition’s members and look forward to continuing the relationship,” said Jake Powers, VP of e-commerce for CCBill.
The company also co-hosts the online trade show The Phoenix Forum, which has been a long-time favorite event for many online adult professionals and companies.
At this year’s Phoenix Forum, held from March 29 to April 1, FSC’s Duke participated in two panel discussions and successfully networked with many FSC members and representatives from online industry businesses.
“FSC could not continue ‘to fight the good fight’ on behalf of the adult industry without the support of our members,” Duke said. “We appreciate our members’ support, and we welcome CCBill.” |
Wet-Media and Porn Guardian Join Free Speech Coalition
CANOGA PARK, Calif. – The Free Speech Coalition (FSC) announced today that Wet-Media and Porn Guardian have become the two newest members of the trade association.
Wet-Media, Inc. is a Tucson, Arizona based company that is an emerging leader in the development of niche-driven social networking websites. “It has been my pleasure to get to know George and Jim from Wet-Media,” said Diane Duke FSC Executive Director. “They are extremely bright businessmen and have a great product.”
PornGuardian is an industry leading anti-piracy service. They official began working with the Free Speech Coalition to tackle Cyberlockers, and torrent sites. “We chose to work with PornGuardian because we thought they were the best at what they do,” Duke commented. “And we haven’t been disappointed--in fact, we are delighted with their service.”
"Returning from a very successful Phoenix Forum, Porn Guardian is delighted to join the FSC. Our adult entertainment industry trade association has proven to be an invaluable business resource for our company since our founding in 2010. In addition to being a vital component in the FSC's Anti-Piracy Action Program (APAP), we are proud to also be members of this terrific organization," Partner Peter Phinney said. "Free Speech Coalition plays a vital role in protecting the interests of our industry and in promoting respect for its important contributions to society and to local economies." Partner Dominic Ford adds, “We encourage all of our industry colleagues to join us in supporting this important work through membership in the FSC."
“We welcome Wet-Media and Porn Guardian as the newest members of FSC and know they will be a great asset to the coalition,” Duke added. |
Free Speech Coalition Responds to AIDS Healthcare Foundation Claims
CANOGA PARK, Calif. – The Free Speech Coalition (FSC) responded today to AHF’s press conference concerning voter support for a LA County-mandated condom ordinance.
“The poll is a failed attempt to distract from the real issue that adult production has no impact or influence on the rate of HIV in LA County,” said Diane Duke, FSC Executive Director. “The County itself has proven time and time again that HIV rates in LA County are not influenced by adult film production.”
FSC points to an epidemiological profile commissioned by LA County in 2009 (http://publichealth.lacounty.gov/wwwfiles/ph/hae/hiv/2009-epi.pdf). In that document it states, “The intent of the Profile is to synthesize recent research and surveillance data, as well as highlight changing patterns and emerging trends, in order to assist planning bodies and service organizations to target their HIV prevention and care efforts.” Nowhere in the 152 page profile is the adult film industry cited as a contributing factor to LA County’s rate of HIV.
What is cited as contributing factors are poverty, high unemployment, lack of affordable housing, homelessness and the lack of healthcare for LA County’s uninsured.
“A conservative estimate is that AHF, using paid signature gatherers, will spend nearly 2 million dollars getting the county ordinance on the ballot and millions more on a campaign,” Duke continued. “Imagine how many of those uninsured LA County residents could have been educated, tested and treated with those resources. History has shown us that regulating sexual behavior between consenting adults does not work. The best way to prevent the transmission of HIV and other STIs is by providing quality information and sexual health services.”
FSC believes that when individuals are given accurate information concerning the issue of mandatory condoms they come out overwhelmingly against the issue, as demonstrated in a recent figures on a Huffington Post debate/survey, Condoms in Porn: Common Sense or Overreach? (http://www.huffingtonpost.com/2012/03/08/condoms-in-porn-debate_n_1332532.html) FSC doubts that LA County residents will want to use valuable taxpayer dollars to create a county bureaucracy developed solely to monitor adult performers for an issue that has no impact on the county whatsoever.
“Ironically, if condoms were mandatory existing testing protocols would likely disappear. The protocols that are in place are here to protect the performers and successfully do so. Performer health and safety is a priority for the adult film industry which is why the industry’s standards and self regulation has been so successful. This is represented by the industry’s low rate of STI transmission and no on set transmission of HIV in the industry in more than 5 years (http://fscblogger.files.wordpress.com/2011/06/dr-mayer-report-fsc-afi-sti-06-03-111.pdf),” Duke continued. “It’s time for AHF to stop blaming the adult entertainment industry for its lack of efficacy in the provision HIV education of health services. IF AHF isn’t going to use the resources it gets from state and local governments and its donors wisely, then perhaps those resources should go to the other AIDS organizations who understand and will stay focused on their mission.” |
Healing Wave Clinic Closed
CANOGA PARK, CA – Free Speech Coalition learned this morning that, effective immediately, one of its APHSS centers, Healing Wave, has closed its doors. Healing Wave reported that all pending test results have been released to the performers and the APHSS availability index is current.
FSC suggests that performers who usually test at Healing Wave go to another of APHSS facility, Cutting Edge Testing center in Sherman Oaks www.CuttingEdgeTesting.com (818) 386-2132. Like Healing Wave, Cutting Edge provides the next day test results and is industry friendly. Performers can also get tested through AMTC www.samedaytest.com (888) 511-0262.
“We never want to be in the situation we were in when AIM closed,” said Diane Duke FSC Executive Director. “That is, APHSS provides a number of options for performers and currently there exist excellent alternatives.”
FSC expects to add another LA based clinic to its program in the near future. “We learned a great deal when AIM closed and those lessons paid off,” Duke continued. “One provider closed its doors and services continue without any disruption to production.”
Performers wishing to get copies of their medical records from Healing Wave can obtain them by emailing
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
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