Tuesday, October 23, 2007
6th Circuit Court Declares 2257 Overbroad and Unconstitutional
CINCINNATI, OH -- The adult entertainment industry has been waiting for some good news to emerge from Ohio and hoping for a decision favoring reason and justice concerning 18 U.S.C. 2257. Today it received both when the United States Court of Appeals for the 6th Circuit declared the federal record keeping statute unconstitutional unless drastically overhauled.
In a move that likely drew sighs of relief from hundreds of thousands of online, print, and DVD side professionals, the Free Speech Coalition announced that all three panel justices involved in the interim decision concerning Connection Distributing Company v. Keisler agreed that the burdens placed upon content providers attempting to remain within the law were entirely unreasonable as written.
A 27-page opinion from the three judges involved states that “We conclude that the statute is overbroad and therefore violates the 1st Amendment, and accordingly we reverse the district court’s judgment and remand with instructions to enter summary judgment for the plaintiffs.”
In a Free Speech Coalition Member Advisory, organization Legal Committee chair and board member Reed Lee explained to members that “At this early stage, it appears that the decision in this case that began 12 years ago is a solid one.” Lee went on to praise the efforts of attorney Mike Murray, as well as “the courage and tenacity of the plaintiffs Rondee Kamins” and other, unnamed plaintiffs.
Murray, upon speaking with AVNeffused that “This is huge, huge news for the entire industry. It means that the statute has been declared unconstitutional in its entirety, at least in the 6th Circuit. This is the result we’ve all been aiming for; it’s a monumental victory.”
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