YNOT – Attorneys for adult industry trade association Free Speech Coalition on Tuesday filed a motion asking a federal district court in Philadelphia to reconsider FSC’s lawsuit challenging the federal labeling and recordkeeping law, 18 USC §2257 and 2257A.Filed in the U.S. District Court for the Eastern District of Pennsylvania, the request — in legal terms a Rule 59(e) motion — seeks a new trial for the lawsuit dismissed at the end of July by District Court Judge Michael M. Baylson. In dismissing the case at the government’s request, Baylson called 2257 and associated regulations “a reliable mechanism for verifying the ages of the performers appearing in … sexually explicit depictions, to help ensure that children are not being used in their production.”

However, according to the FSC’s Aug. 24 motion, the trade association believes Baylson failed to address the suit’s key constitutional issue.

“Under the First Amendment, no record keeping requirement derived from the government’s interest in suppressing child pornography may substantially burden the circulation of expression which is not child pornography,” the motion states.

Attorneys Michael Murray and Lorraine Baumgardner filed the motion, drafted with the assistance of FSC board member, legal committee chairman and First Amendment attorney Reed Lee.

“We are looking for this motion to pinpoint the focus to the critical points of the litigation,” Lee said.

The government has 14 days to reply to the motion.

For more information about the lawsuit or the FSC, visit FreeSpeechCoalition.com.