PHILADELPHIA—As the long battle to invalidate the federal recordkeeping and labeling laws, 18 U.S.C. §§2257 and 2257A, continues, it’s beginning to look as though First Amendment attorney J. Michael Murray, who represents the 12 remaining plaintiffs (including Free Speech Coalition) who filed the lawsuit, may be on the verge of a major win.
When we last left the 2257 battle, U.S. District Judge Michael M. Baylson had held a hearing on the issues raised by the Third Circuit’s reconsideration of the plaintiffs’ appeal, which itself was based on two recent Supreme Court decisions. A report on that hearing can be found here.
Of importance here is that the Third Circuit ordered Judge Baylson to re-analyze the evidence from the 2013 trial of the case under the standard of “strict scrutiny,” whereas before the Third Circuit’s most recent consideration, the trial court had been operating under the lower standard of “intermediate scrutiny.”