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)

FSC Reaches Out to Performers Affected by PornWikileaks

Free Speech Coalition (FSC) today announced it is looking into legal options available for performers affected by the PornWikileaks.com website. The site has exposed the personal information of thousands of purported performers and gained international media attention after being exposed on industry gossip blogs and message boards.

“Free Speech Coalition stands in opposition to the violations of performer privacy by PornWikileaks,” said Diane Duke FSC Executive Director. “This is not an issue of free speech; it is about violating the privacy of performers. It’s about potential extortion and exposing performers to potential harassment, stalking and other criminal activities.”

To date, it is unclear where the data displayed on PornWikileaks originated but federal authorities are currently investigating breaches of federal law in the accumulation of data that has been exposed on the website. In addition to concerns regarding illegal access of medical databases, there are grave concerns about misuse of 2257 documents.

“Anonymity is an important part of controversial speech, as the courts have recognized for more than half a century. Publicly posting the sort of information involved here has an obvious chilling effect on performers and exposes them to known dangers which are extremely serious,” said attorney Reed Lee, FSC Board member and Government & Legal Committee Chair. “Would the website operators have published the NAACP’s membership list in the most difficult days of the civil rights struggle? Everyone involved with PornWikileaks is playing a most dangerous game. They target the performers and they target free expression itself.

“The Free Speech Coalition is actively exploring all viable legal responses to the situation and will do anything it can to protect adult performers,” Lee added.

Currently, industry attorney Corey Silverstein is representing client Paul Armstrong in a possible action against individuals using the PornWikileaks website for illegal activity. He is seeking performers that have had their personal information posted on PornWikileaks and have been threatened in any way by anyone connected to the site.  Performers that would like more information on how to contact Silverstein can do so through FSC, by contacting PWL@freespeechcoalition.com.

“While I cannot discuss the specific nature of my clients’ allegations and any action that is being prepared, it is important to note that this is not a simple free speech issue,” Silverstein said. “The individuals running this website are allegedly intentionally and knowingly jeopardizing the safety and privacy of adult performers all over the world while purposely defaming them in the process.  The website repeatedly refers to adult performers as ‘pornographic whores’ and ‘Hookers’ and even talks about specific adult performers ‘degrading the whole family.’ My clients cannot comprehend why the individuals running this website would want to intentionally cause so much potential harm.”

“Of course there is also the issue of how this website has acquired the information it publishes and what additional information website’s operators have obtained,” Silverstein added.

FSC stands in support of all industry members that are exploring possible legal response to PornWikileaks, and is encouraging individuals who have been affected by PornWikileaks and/or their attorneys to contact FSC, at PWL@freespeechcoalition.com.

(Animation: Some rights reserved by Chris 73)