2257 Judge Delivers Big Win in Final Judgment, Decree (XBIZ)

Read the full article by Rhett Pardon at XBIZ.com

PHILADELPHIA — U.S. District Judge Michael Baylson today issued his final judgment and decree over the Free Speech Coalition’s First Amendment challenges over federal recordkeeping regulations for adult producers, 18 U.S.C. §§ 2257 and 2257A.

The ruling looked at “facial overbreath” challenges, which check to see if a law is overly broad, as well as “as-applied” claims made in the case over the statutes and its implementing regulations.

Baylson entered favorable judgment over the facial overbreath claims to the Justice Department.

However, with the FSC’s as-applied claims, the court said that the statutes and regulations should not apply to secondary producers, because they are unconstitutional.

As a result, Baylson permanently enjoined the Justice Department from enforcing the statutes as applied to secondary producers.

Under the ruling, primary producers can still be held liable under 2257 if they fail to check performers' identification documents and fail to verify their ages.

But Baylson also wrote that certain record-keeping requirements, labeling requirements and penalties under §§ 2257 and 2257A also were found to be unconstitutional.

Today’s final judgment and decree was a major win for the Free Speech Coalition, which along with other plaintiffs, waged and won First and Fourth Amendment claims over the statutes and accompanying regulations.

Baylson, in conclusion, said that there were a number of independent reasons, the court decided to grant the form of relief as requested by the plaintiffs.