In a statement issued Thursday, the Free Speech Coalition declared victory in its long-running battle with the federal government over the recordkeeping requirements 18 U.S. Code § 2257. In its statement, FSC explained that the “federal government failed to appeal the case to the Supreme Court by the March 26 deadline, and, as such, last year’s landmark ruling in the 3rd Circuit now stands as final.”
With the 3rd Circuit decision, FSC said “no adult business can ever be subject to a warrantless inspection under 2257.”
“The Bush-era raids that once terrified adult businesses, and helped launch this legal challenge, have now been officially declared unconstitutional,” FSC added in its statement.
“While 2257 and 2257A were not struck down in their entirety for all adult producers, the 3rd Circuit did rule that all provisions are unconstitutional for most of the plaintiffs who were originally party to the suit,” FSC noted. “This is a powerful precedent for producers in the 3rd Circuit, and it is likely to be very influential nationally. In the face of this ruling, it will be extremely difficult for the Government to prosecute 2257-related offenses as originally envisioned.”
“This has been a long but critical battle in the rights of adult producers,” said Jeffrey Douglas, FSC Board Chair. “Had we not pursued this case, the government would have a dangerous tool for harassing and prosecuting adult producers and platforms. We are deeply grateful for the outstanding work by our lawyers, J. Michael Murray and Lorraine Baumgardner of Berkman, Gordon, Murray and Devan of Cleveland, Ohio.”
Read the FSC’s statement in its entirety on the FSC website.
