FSC Responds to DOJ Call for Comments on 2257

Free Speech Coalition (FSC) has responded to a call by the Department of Justice (DOJ) for comments on 2257. A letter was sent to the DOJ on Tuesday in order to be ahead of Wednesday’s deadline for comments.

The action follows last week’s victory in the Third Circuit court of appeals, of the most recent 2257 lawsuit filed by FSC and 13 other plaintiffs. Last Monday, FSC received news that the court ruled to reverse the dismissal of the case, allowing the suit to continue in district court.

“Of course we hope that our comments and the comments of others will be taken in to consideration, but history suggests otherwise,” said FSC Executive Director Diane Duke. “That is why FSC was compelled to file suit against the Federal Government on the issue of 2257 and 2257A. Hopefully our recent win will bring us closer to resolution. Special thanks to Reed Lee, Lorraine Baumgardner, Michael Murray and Jeffrey Douglas for their excellent work in drafting our statement.”

The letter details objections to the burdens placed on primary and secondary producers by 2257 and 2257a regulations, which govern age verification record-keeping for adult content producers.

FSC has opposed 2257 regulations since 2005, when the regulations were enacted, and continues to voice opposition on behalf of adult industry producers. Attorneys J. Michael Murray and Lorraine Baumgardner represent FSC and other plaintiffs in the current case filed against the DOJ. The suit, if successful, would strike down the current regulations, which place considerable burdens on producers to be in compliance, and which also presents a danger to the privacy rights of adult performers.

To see a copy of the letter, click here 2012comments-2257A-final

2257 Decision Reversed on Appeal in Third Circuit

Free Speech Coalition (FSC) received news this morning that it won the appeal to the U.S. Third Circuit Court of Appeals, overturning an earlier District Court decision to dismiss the suit challenging the constitutionality of 18 U.S.C. § 2257 and 2257a. This allows the lawsuit to continue in the District Court.

The suit was originally filed by FSC and 14 other plaintiffs.

This decision represents a significant victory for FSC, the other plaintiffs and their attorneys, in opposing the regulations governing age verification record-keeping for adult producers and adult performers.

“FSC would like to thank our attorneys Mike Murray and Lorraine Baumgardner for their incredible work on this case thus far,” FSC Executive Director Diane Duke. “This decision is critical in three ways – it was unanimous, it supports the arguments that FSC has made all along and it supports the 4th amendment question included in our most recent challenge to 2257. This is a very important next step in our work to eliminate the burden from the adult industry of this onerous regulation.”

Attorneys Murray and Baumgardner represented FSC and the other plaintiffs in the suit, which challenged 2257 and 2257a on grounds that the regulations violate the First Amendment rights of adult producers and threaten the privacy rights of adult performers.

“We are thrilled today with the victory today, in the Third Circuit, reversing the District Court’s decision dismissing constitutional challenges to 2257 and 2257a,” said Murray. “We’re excited the Third Circuit agreed the First and Fourth Amendment claims are worthy and we’re looking forward to returning to District Court, where we’ll be in a position to put on evidence to demonstrate the constitutional infirmities of this burdensome statutory scheme.

“This represents a great victory for free speech rights and rights of privacy under the Fourth Amendment,” Murray added.

FSC has challenged 2257 regulations on behalf of the adult industry since 2005, when the regulations first came into effect.

(Photo: Some rights reserved by Jim Sweenley)

CCBill Becomes FSC Member

Free Speech Coalition (FSC) is proud to announce that payment processing company CCBill has joined as its newest member.

“CCBill has been a leader in industry payment processing for many years, and FSC is very happy to announce their membership,” said FSC Executive Director Diane Duke. “Particularly, at this time, when there are many challenges that affect revenue for the entire industry, we are thrilled to have the support of CCBill. Clearly, as a company, CCBill supports the industry by providing reliable payment processing options – and now, they are supporting FSC’s efforts to meet the challenges facing adult industry businesses.”

CCBill is a leader in global online payment processing, providing solutions for more than 30,000 websites since 1998.

“We have always been and remain committed to helping businesses in this industry be successful. Our merchants know first-hand how committed we are to protecting their operations and the support FSC provides to the greater online community is right in line with this philosophy. We are proud to be one of the coalition’s members and look forward to continuing the relationship,” said Jake Powers, VP of e-commerce for CCBill.

The company also co-hosts the online trade show The Phoenix Forum, which has been a long-time favorite event for many online adult professionals and companies.

At this year’s Phoenix Forum, held from March 29 to April 1, FSC’s Duke participated in two panel discussions and successfully networked with many FSC members and representatives from online industry businesses.

“FSC could not continue ‘to fight the good fight’ on behalf of the adult industry without the support of our members,” Duke said. “We appreciate our members’ support, and we welcome CCBill.”