FSC Seeks to Appeal 2257 Decision

Sep 6, 2013 9:30 AM PST

PHILADELPHIA — Counsel for the Free Speech Coalition gave notice today that they will appeal U.S. District Judge Michael Baylson's decision in the adult trade group's suit against the government challenging the constitutionality of 18 U.S.C. §2257 and 2257A, the federal record-keeping statutes for adult producers.

Baylson's ruling found 2257constitutional under the First Amendment. He  also said that the statutes are constitutional under the Fourth Amendment, except for in one regard — "the allowance of inspections at the residences of producers, without prior notice, cannot be justified on this record."

The ruling in July came after an eight-day bench trial where 21 witnesses presented testimony and over 300 exhibits were entered into evidence.

According to the motion filed to the 3rd U.S. Circuit Court of Appeals, "Notice is hereby given that Plaintiffs Free Speech Coalition, Inc.; American Society of Media Photographers, Inc.; Thomas Hymes; Townsend Enterprises, Inc. d.b.a. Sinclair Institute; Barbara Alper; Carol Queen; Barbara Nitke; David Steinberg; Marie L. Levine a.k.a. Nina Hartley; Dave Levingston; Betty Dodson; and Carlin Ross, hereby appeal to the 3rd Circuit, from the final judgment and order entered in this action on July 18, 2013 (Doc. 229, 230) and from any and all orders made final by the aforementioned judgment."

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