JUSTICE O’CONNOR RESIGNS
WASHINGTON, DC -- Sandra Day O’Connor, whose likely retirement has been rumored for some time, has announced that she will leave the Supreme Court as soon as a successor is named. Although expected, her retirement is nonetheless momentous and more than a little frightening and depressing for civil libertarians, liberals and moderates, who now must face the likelihood of a conservative majority on the Supreme Court. O’Connor often provided the swing vote on a highly ideological court, moderating the extremes in case after controversial case. For example, she helped modify the right to abortion but refused to overturn Roe v. Wade.
        President Bush’s nomination of a replacement and the almost certain confirmation battle in the Senate will be high drama, with the future of a free Republic at stake -- or so it seems in the emotion of the moment.
From a front page story in virtually every newspaper in America.
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FSC SENDS LIST OF MEMBERS TO SPECIAL MASTER
       CANOGA PARK, CA -- The Free Speech Coalition has announced that it has submitted a master list of FSC members to a court-appointed Special Master on time and in accordance with the stipulation entered into last week by the parties in Free Speech Coalition et al v. Alberto Gonzales.
       According to the stipulation, any individual or company that wished to receive the benefit of the stay against inspection and enforcement of the federal record-keeping and labeling law, 18 U.S.C. §2257, was given until Saturday, June 25 at 2:00 p.m. to sign up as a member of FSC. That deadline was strictly adhered to, and only those who joined by that date and time have been included on the master list, which will remain sealed from scrutiny by anyone other than the Special Master and the staff and Board of Directors of the Free Speech Coalition.
       The next scheduled hearing in Free Speech Coalition et al v. Alberto Gonzales is the plaintiff’s motion for a preliminary injunction, set for August 1-2, 2005, in U.S. District Court in Colorado. If an injunction were issued by the court at that time, FSC attorneys expect that it would likely also cover FSC members who signed up after the June 25 deadline.
From an FSC Press release, 7/1/05
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SUPREMES DECIDE FILE SWAPPING CASE
WASHINGTON, DC -- In a unanimous decision, the Supreme Court has said that makers of software that can be used to illegally download copyrighted music and movies can be held liable when they “foster infringement.” The court said the makers of file-sharing programs Grokster and Morpheus had acted in bad faith by promoting their products as tools for illegally swapping copyrighted content. Companies who make and market products legitimately -- only later learning they are being used for illegal purposes -- would not be liable, the court said.
       The Center for Democracy and Technology praised the ruling.
       “This is a sophisticated ruling in a difficult case,” said CDT President Jerry Berman. “The court has worked to craft a careful balance that allows copyright owners to pursue bad actors, but still protect the rights of technology makers. We hope this decision will preserve the climate of innovation that fostered the development of everything from the iPod to the Internet itself.
       The Supreme Court decision (MGM Studios Inc. v. Grokster Ltd.) does not finally resolve the issue of whether Grokster or Morpheus have violated the law. The Court has sent the case back to the trial court so that a trial process can determine whether the companies “intentionally encouraged infringement.” The Court made it clear that merely creating technology which allows copyright infringement is not enough to create a liability.
From Andrew Shain, The Charlotte Observer, 6/29/05
http://www.thestate.com/mld/thestate/business/12010178.htm
And by Johathan Krim, The Washington Post, 6/28/05
http://www.washingtonpost.com/wp-dyn/content/article/2005/06/27/AR2005062700471.html
And from a CDT press release, 6/27/05
http://www.cdt.org/copyright/20050627groksterpr.pdf
And from a Public Knowledge group press release, 6/27/05
http://www.publicknowledge.org/pressroom/releases/pressrelease.2005-06-27.0393116909
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GUILTY PLEA IN HIGH PROFILE OBSCENITY CASE
       FORT WORTH, TX -- Leroy Moore Sr. of Arlington, Texas, who was indicted in March along with Edward Wedelstedt of Goalie Entertainment and five others, has pleaded guilty to conspiracy to engage in selling or transferring obscene matter and has agreed to cooperate with the government’s prosecution for the remaining defendants, whose trial is set for January 2006.
       Earlier this month Moore pleaded guilty to a separate charge of conspiracy to evade federal taxes. In addition, he previously entered a guilty plea in yet another case in Fort Worth in which he was charged with being a felon in possession of a firearm. He is awaiting separate sentencing in that case.
       Moore, 64, operated a chain of four adult bookstores in Texas. He now faces a maximum statutory sentence of five years in prison plus fines. Sentencing is scheduled for Sept. 29.
From United Press International, 6/28/05
http://interestalert.com/brand/siteia.shtml?Story=st/sn/0628000eaaa037c1.upi
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DANCE CLUB LOSES DIVIDED DECISION
       CINCINNATI, OH -- A decision by the twelve member United States Court of Appeals for the Sixth Circuit, in an en banc (full court) rehearing of a divided earlier Sixth Circuit opinion in Deja Vu of Cincinnati v. Union Township 326 F.3d 791 (6th Cir. 2003), has overturned the earlier panel which had ruled in favor of Deja Vu. The full court ruling, also a divided one (7-5 on key issues), remands the case back to the District Court.
       First Amendment Attorneys Louis Sirkin and Bradley Shafer had argued, on behalf of Deja Vu, that parts of a Union Township “resolution” (ordinance) were unconstitutional under the First and Fourteenth Amendments. One of the challenged parts of the resolution requires juice bars to close at midnight, even though alcohol-serving exotic dance clubs were allowed to stay open until 2:30 AM.
       This bizarre result was justified by the Township with the argument that they wanted to close adult cabarets before the bars and taverns in the area closed, in order to avoid unruly and intoxicated men from entering during the late night hours. So what about the dance clubs that serve alcohol? How could they justify an ordinance that favors alcohol exotic dance clubs over juice bars because of the so-called “secondary effects” of mixing alcohol and exotic dance?
       Well, the Township is entitled to some slack as long as their intentions are good, said the court, to paraphrase somewhat loosely. The disparate treatment created by the resolution was not the result of an “invidious” motive on the part of the Township, which…
       “…can point to at least two plausible justifications for the different closing times. The first is that Union Township wanted to institute a midnight closing time for all adult cabarets, but was prevented from doing so by conflicting state liquor laws. Second, Union Township relied upon research suggesting that the patrons of alcohol-free adult cabarets are often more unruly because these cabarets are frequently patronized later in the evening by customers who have become intoxicated at other establishments.”
       However, as Judge Clay remarked in his dissenting opinion, the Township affidavit nowhere refers to the “research” mentioned in the majority opinion. It references only the speculative “concern” of some unidentified persons that there was “a greater chance” that drunken men would leave local bars after midnight, frequent adult cabarets, and become unruly.
        The Resolution’s hours of operation provision runs afoul of the Equal Protection Clause of the Fourteenth Amendment, said Judge Clay, who pointed out the “patently ridiculous and irrational manner in which the Township has attempted to address its purported goal of minimizing the secondary effects associated with the combination of nude dancing and alcohol.”
From the Sixth Circuit Opinion, 6/21/05
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DAMNED IT THEY DO, DAMNED IF THEY DON’T
       DENVER, CO­The Denver Community Television Channel programming has some City Council Members threatening to end public financing for the station. Most controversial for some viewers is the 241 Jack Show, featuring a stand-up comedy act filmed at a downtown Denver club, complete with profanity and references to cocaine. Also featured, an exotic dancer in a thong bikini who flashes nipples.
       The show, along with other uncensored programming, does not show until after 10 PM, and in fact, the station -- as well as the City Council, for that matter -- has little control over the content. Ten years ago, DCTV refused to air a program because it simulated sex acts, but was told by a court that -- because it was a city agency rather than a private station -- it could not censor programs unless they violate Colorado or federal laws obscenity laws or are libelous or slanderous.
       

DCTV supporters say City Council members are making an issue of The 241 Jack Show video to justify pulling the station’s funding. The city is powerless to control programming except by shutting down the station entirely. DCTV received $265,000 from the city this year and raised $47,000 from other sources. In addition to the 241 Jack Show, the station airs about 280 homespun programs on three channels.
From April M. Washington, Rocky Mountain News, 6/29/05
http://www.msnbc.msn.com/id/8373468
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Save the Date
Sunday, July 17, 2005

“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