Final Score: Porn – One; DOJ – Zero
2257 were four numbers that could have all but ended online pornography as we know it. After a twelve-year battle: Porn – One; DOJ – Zero!
In theory, the 2257 regulations were allegedly drafted to ensure everyone appearing in pornography was over the age of 18. The adult industry agrees with that. The problem we had was the record-keeping regulations mandated by the law were not just over-burdensome, they were impossible to comply with. After a dozen years in court, the court decided we were right all along.
In a big victory for the Free Speech Coalition, the 3rd U.S. Circuit Court of Appeals today vacated and remanded a lower court’s July 2013 ruling that held that performer record-keeping for adult entertainment producers are constitutional under the First Amendment. ~xBiz
Jeffrey Douglas, Free Speech Coalition chair, called the judgment “one of the greatest adult industry victories in decades.”
“The federal government has lost,” Douglas told XBIZ. “Most of 2257 is now unenforceable due to its violation of the Fourth Amendment. Because of the strict scrutiny standard required by the 3rd Circuit, we are likely to prevail on our First Amendment claims as well when we return to the trial court. 2257 will then be truly dead.
This is yet another victory for our industry. In Eric Paul Leue and the FSC led our successful challenge to the Cal/Osha condom regulations. The next stop in that battle is election day in California.