FSC Issues Statement on its Victory in 2257 Case
LOS ANGELES — The Free Speech Coalition released a statement today concerning the adult trade organization’s recent triumph in its long-running challenge to the constitutionality of 18 U.S.C. §§ 2257 and 2257A.
In the statement, the FSC hailed the court’s “historic decision” while cautioning that “adult producers should remain compliant with 2257, as the government will likely appeal.”
“We have been fighting this battle since 2005, at more than $1M in legal costs,” said FSC Board Chair Jeffrey Douglas in the statement. “However great the cost, I can think of no greater argument for supporting a trade organization such as ours. This complex and morality-based regulation has been costing our industry untold millions, and exposed adult producers, performers, affiliates, press and others to broad and biased prosecution by the Federal government.”
In the statement, the FSC indicated that “if there is no appeal, or if the appeal is denied, this ruling will stand,” and will have the following impact:
“Primary producers will no longer need to keep records pursuant to 2257. (However, they should maintain the FSC Age Verification form to demonstrate that they have checked the ID of each model on their set.) Secondary producers will no longer be required to maintain any records pursuant to 2257. Webcam companies, tube sites, clips and other sites will no longer be required to keep model information or records unless they are a primary producer. (However, they should continue to verify that all content on their sites is produced legally, and by those over the age of majority.)”
“This historic decision represents a tremendous victory for our Coalition, and sets an important precedent for free speech in general,” said Eric Paul Leue, the FSC’s Executive Director. “Our Board, and my predecessor, Diane Duke, first challenged these regulations nearly 14 years ago, arguing that they accomplish no tangible goals in the fight against child pornography, while unnecessarily putting legitimate producers in legal jeopardy. I thank our Board, our legal teams, and those who came before for the foresight and courage to fight back.”
The FSC statement can be read in full here.