2257 ON HOLD FOR FSC MEMBERS
DENVER, CO -- A stipulated agreement has been reached between the parties in Free Speech Coalition et al v. Alberto Gonzales, and issued as a court order by U.S. District Court Judge Walker D. Miller, under which the U.S. Department of Justice agrees that the regulations relating to the federal record-keeping and labeling law, 18 U.S.C. §2257, will not be enforced against plaintiffs and all FSC members until September 7, 2005.
        The U.S. District Court in Denver will hold a preliminary injunction hearing on August 8, 2005, after which the judge will determine whether to issue a further injunction.
        Specifically, the DOJ will not conduct any inspections or pursue any claims with regard to the plaintiffs and their members, but reserves the right to inspect and prosecute anyone who is not a plaintiff or FSC member.
        The DOJ will submit any entity it intends to inspect to a Special Master who will then check the entity’s name against a sealed and confidential FSC membership list. The Special Master will be appointed by the Court, with the consent of the parties, and will be under a specific obligation to maintain the confidentiality of the FSC membership list.
        A master list of members will be submitted to the Special Master on Wednesday June 29, 2005, and will include all FSC members as of 2:00 p.m. Pacific Standard Time, Saturday June 25, 2005. At no time will the DOJ have direct access to the FSC membership list, which will remain under seal.
        All FSC members should advise the FSC office of all of their DBAs (Doing Business As Statements) by Monday, June 27, 2005, so that the master list will be as complete as possible.
        Over the course of the next few months, there will be continuing proceedings, including discovery, that culminate with the August 8, 2005 preliminary injunction hearing. Watch for updates on the FSC website, www.freespeechcoalition.com and in this newsletter. FSC staff and attorneys are optimistic regarding ultimate success in the litigation. However, FSC encourages everyone to try to comply with the law to the extent that it is possible.
        One stipulation in the agreement between FSC and the DOJ is that FSC will not engage in solicitation of new members prior to the 2 PM Saturday deadline. However, a great many people have already been trying to join, judging from the frustrated comments of the many individuals who called Legislative Affairs Director Kat Sunlove’s Sacramento-based office because they could not get through to the main FSC offices. A huge volume of calls has tied up the organization’s phones and email system. Because of this problem, a special call center number has been set up, scheduled to begin today, Friday, June 24: (800) 681-0403. Credit cards will be processed over the telephone.
        Alternatively, new members can send checks or money orders along with applications (forms available on the FSC website) by FedEx overnight to arrive Saturday morning, June 25th, before Noon PST to: Free Speech Coalition, 9640 Owensmouth Ave., Chatsworth, CA 91311.
        Questions can be emailed either to execdir@freespeechcoalition.com or mlfreridge@hotmail.com. Please be patient. FSC staff is jammed with calls and requests. They promise to respond as soon as possible to all inquiries.
From FSC press releases
www.freespeechcoalition.com
For additional details on the implications of the stipulated agreement, and for comments by First Amendment Attorneys Larry Walters, Eric Bernstein and J.D Obenberger see Connor Young’s analysis at Ynot.com. http://www.ynot.com/modules.php?op=modload&name=News&file=news_article&sid=9517
According to sources close to the negotiations, Attorney Paul Cambria was largely responsible for setting up the deal with the DOJ. For Cambria’s comments on the arrangements see MJ McMahon’s report at AVN Online.
http://www.avnonline.com/index.php?Primary_Navigation=Web_
Exclusive_News&Action=View_Article&Content_ID=231539
For comments from Justice Department attorneys see Rhett Pardon’s report at Xbiz.com.
http://www.xbiz.com/news_piece.php?id=9249
For comments by Deputy U.S. Attorney  Samuel C. Kaplan on the agreement, see Mark Kernes’ report at AVN.com.
http://www.avn.com/index.php?Primary_Navigation=
Articles&Action=View_Article&Content_ID=231600
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GOOD NEWS, BAD NEWS FOR ADULT PRODUCER
       McHENRY COUNTY, IL -- A state appeals court has upheld McHenry County Judge Sharon Prather’s January 2004 decision that police used an illegal search warrant when they seized eight computers and thousands of computer images from an Internet adult entertainment producer here. As a result of the appeals court decision, prosecutors have now dropped obscenity and child pornography charges against the producer, Michael A. Jones. However, the four-year legal process forced Jones to shut down his adult business and cost enormous amounts of money to fight the case. So, despite this final victory, Jones does not feel like he won the case.
       “This whole thing from day one was nothing but a ploy to put me out of business,” Jones said. “They succeeded.” Jones says he never possessed material that would qualify as child pornography. “I was making sure we followed the law 100 percent,” he said. “We had a private studio in a private location. Everything was done behind closed doors with consenting adults.”
From Charles Keeshan, Chicago Daily Herald, 6/21/05
http://www.dailyherald.com/story.asp?id=64865
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JUDGES SAYS STORE IS "ADULT," ISSUES INJUNCTION
ENCINITAS, CA -- Superior Court Judge Lisa Guy-Schall has ruled against the F Street bookstore here, issuing an injunction which orders the store to stop operating as a adult business. The F Street Corporation, which owns a chain of adult bookstores, had argued that the Encinitas store was not an adult store but merely sold some adult material.
       The zoning ordinance which regulates adult businesses uses the word “substantial” to define the amount of adult merchandise that determines whether a store is an adult business.
       But there is no legal way to define "substantial," argued F Street attorney Andy Zmurkiewicz, who asked Judge Guy-Schall to create some guidelines. For example, suggested Zmurkiewicz, the company could operate a bookstore where only 15 percent of the merchandise is adult material.
       There is ample case law that allows each city to define the word "substantial" in an ordinance, said Judge Guy-Schall. She also found fault with the percentage concept, noting that even if 15 percent of the merchandise were adult, it could make up 80 percent of sales.
       F Street has the right to appeal the decision.
From Jose Luis Jimenez, San Diego Union-Tribune, 6/18/05
 http://www.signonsandiego.com/news/northcounty/
20050618-9999-1mi18fstreet.html
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DOJ IDEAS ON DATA RETENTION RAISE CONCERNS
       ALEXANDRIA, VA -- Declan McCullagh of CNET News reports that the Department of Justice is quietly shopping around the idea of requiring Internet service providers to retain records of their customers' online activities. Dave McClure, president of the U.S. Internet Industry Association, says DOJ officials raised the issue several times in a meeting in Alexandria with Internet Service Providers and the National Center for Missing and Exploited Children.
       "We were told, 'You're going to have to start thinking about data retention if you don't want people to think you're soft on child porn," said McClure. McClure said that while the Justice Department representatives argued that Internet service providers should cooperate voluntarily, they also raised the "possibility that we should create by law a standard period of data retention… My sense was that this is something that they've been working on for a long time."
       Most ISPs currently discard log files that are no longer needed in the course of business unless contacted by police doing an investigation and asked to preserve the data.
From Declan McCullagh, Cnet News, 6/16/05
http://news.com.com/Your+ISP+as+Net+watchdog/2100-1028_3-5748649.html?tag=html.alert
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HOUSE VOTES TO CURB PATRIOT ACT
       WASHINGTON, DC -- The House of Representatives, in a bi-partisan vote, (238-187) has adopted an amendment to a Department of Justice funding measure which denies funding for FBI access to library and bookstore records under section 215 of the Patriot Act.
       "It bodes well that the first vote Congress has taken on the Patriot Act this year has been in favor of liberty and freedom,” said Gregory T. Nojeim, Acting Director of the ACLU Washington Legislative Office. “After weeks of hearings on the Patriot Act, fair-minded lawmakers - from both sides of the aisle - know that the Patriot Act must be brought in line with the Constitution by restoring proper checks and balances."
       The vote was a surprise rebuke to President Bush, who has threatened to veto any measure that weakens the USA Patriot Act powers. Some conservative Republicans, worried about government intrusion, joined with Democrats who are concerned about personal privacy.
       "Bookstores and libraries should not be carved out as safe havens for terrorists and spies, who have, in fact, used public libraries to do research and communicate with their co-conspirators," said Assistant Attorney General William E. Moschella.
From an ACLU Press Release, 6/16/05
http://www.aclu.org/SafeandFree/SafeandFree.cfm?ID=18485&c=206
And from Mike Allen, The Washington Post, 6/16/05
http://www.washingtonpost.com/wp-dyn/content/article/2005/06/15/AR2005061501953.html
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“NIGHT OF THE STARS” AWARD NOMINEES
       Free Speech Coalition has announced the confirmed award nominees for the 18th Annual Night of the Stars Fundraising Event, being held Sunday, July 17, 2005, at the Hollywood Highlands in the Kodak Theatre complex in Hollywood, California.

2005 Night of the Stars Nominees:
Lifetime Achievement Awards:
Actor: Johnny Keyes
Actress: Alicia Rio
Director: Jim Holiday
Gay Actor: Jeff Stryker
Gay Director: Wash West

Industry Founder Award: Eddie Wedelstedt
Advocate of the Year Award: Paul Cambria, AFF
Joel Warner “Good Guy” Award: Scott Tucker, Topco
Positive Image Award: Playboy Entertainment Group
Hal Freeman “Freedom Isn’t Free” Award: Mike Moran, LD Management

       In recognition of his efforts to fight child sexual abuse, FSC will present Chris Jester of Split Infinity with a $10,000 reward for initiating an investigation that led to a successful prosecution for child pornography.

       There’s still time to reserve an ad in the Night of the Stars program, become a sponsor of the event, or purchase tickets for this celebratory evening in support of FSC’s campaign to raise $200,000 to pay for Federal lobbying and national public relations efforts.
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Save the Date
June 17, 2005

5^th Annual Bob Tremont Memorial Golf Tournament
8:00 AM Shotgun
Angeles National Golf Club
9401 Foothill Blvd.
Sunland, CA 91040
www.angelesnational.com
“One of the 30 Best New Courses of 2004” says Brian McCallen in the January-February 2005 issue of Travel & Leisure Golf.

18^th Annual Night of the Stars
7:30 pm–10:00pm
The Hollywood Highlands
6801 Hollywood Blvd.
Hollywood CA 90028
www.thehighlandsla.com
 
This year’s modern theme and streamlined program is a return to casual Hollywood chic at the Kodak Theatre complex in Hollywood. Vert, a brasserie by Wolfgang Puck, will provide a delightful menu, while you meet and greet the stars and freedom fighters of the industry.

1st Annual Night of the Stars After-Party
10:00 PM
The Hollywood Highlands
For the first time, FSC throws a star-studded after-party! Party like a porn star and make America safe for adult entertainment!

UpComing Events

JULY 6-10 -- Lifestyles 2005, Las Vegas, NV, www.lifestyles-conventions.com

JULY 11-13 – ANME, Mandalay Bay, Vas Vegas, NV

JULY 18-20 – AVN Adult Novelty Expo, Pasadena, CA. www.adultnoveltyexpo.com

JULY 26-28, -- VSDA's Home Entertainment 2005, Bellagio Resort, Las Vegas, NV, http://show.vsdahomeentertainment.com

AUG 5-6 – Internext, Hollywood, FL., www.Internext-expo.com

AUG 23-25, – Annual Gentlemen’s Club Expo, Madalay Bay Resort, Las Vegas, NV http://www.exoticdancer.com/expo.php