Home Press Releases FSC Challenges 2257

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Wednesday, 21 October 2009 17:39

Today in U.S. District Court in Philadelphia, Free Speech Coalition (FSC) filed a lawsuit against the Federal Government challenging 18 U.S.C. section 2257 and 2257A. FSC will argue that, among other things, 2257 and 2257A are unconstitutional, overbroad and over-burdensome.

The action comes after the U.S. Supreme Court on Monday declined to review a ruling in a previous 18 U.S.C. 2257 case, Connection Distributing v. Holder.

Attorney J. Michael Murray, of Berkman, Gordon, Murray and DeVan, who will represent the plaintiffs in this case, stated:

"These laws impose heavy and unnecessary burdens on constitutionally protected expression created not just by the adult industry but by photographers, artists, sex educators, journalists and millions of other adult Americans. In our lawsuit, we advance numerous important and substantial attacks against 2257 and 2257A under the First, Fourth, and Fifth Amendments to the United States Constitution."

Joining FSC in their suit are 14 additional plaintiffs including mainstream media photographers, a trade association representing photographers and photojournalists, sex educators and sexologists, journalists, as well as adult entertainment producers, performers and distributors.

"In a farewell to the adult entertainment industry, the Bush administration's Department of Justice released the final regulations for 2257 and 2257A at the last possible moment to have them legally implemented," said Diane Duke FSC Executive Director. "Now it will be up to the courts and the new administration's Department of Justice, challenged by FSC, to clean up this unconstitutional mess. We plan on holding their feet to the fire the entire way."

 

 

 

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