FSC Files Motion for Preliminary Injunction Over 2257

Oct 8, 2009 2:30 PM PST
PHILADELPHIA — As expected, the Free Speech Coalition asked a federal judge Wednesday to grant a preliminary injunction against the U.S. government over enforcement of 18 U.S.C. § § 2257 and 2257A.

FSC claims in a motion at U.S. District Court in Philadelphia that the revised record-keeping regulations for the adult industry are unconstitutional, as well as an unfair burden placed to producers to comply with the regulations.

“[2257’s] implementing regulations unconstitutionally restrain, chill and burden expression in violation of the 1st Amendment and violate the 4th and 5th Amendments,” the motion for preliminary injunction said.

Attorney Michael Murray, who represents the FSC, said in a conference call earlier this week that he plans a “substantial constitutional attack” and hopes that the FSC and 14 other plaintiffs will prevail and obtain injunctive relief.

Murray, a Cleveland litigator with Berkman, Gordon, Murray and DeVan, has paired up for the suit with Philadelphia attorney Kevin Raphael, of Pietragallo, Gordon, Alfano, Bosick and Raspanti.

In addition to the FSC, Murray said at Monday’s conference that the 14 plaintiffs also named to the suit are the American Society of Media Photographers, which represents 7,000 members; Barbara Nitke, a teacher at the School of Visual Arts in New York and a commercial photographer; David Steinberg, a photographer and writer of sexual issues; Nina Hartley, a performer and website owner; Michael Barone, a photographer; Dave Cummings, an adult industry performer who owns numerous websites; Tom Hymes, an adult industry journalist who runs a website; Sinclair Institute, which operates sexual health clinics; Channel 1 Releasing, which operates a gay porn studio; Barbara Alper, a photographer; Carol Queen, a sexologist and feminist sex educator; Dave Levingston, a photographer; and Betty Dodson and Carlin Ross, who co-host a website.

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