just got the e-mail so I thought I would post the update for everybody
ACTION SOON ON 2257 LAW
CHATSWORTH, CA -- Within a week, Free Speech Coalition will file lawsuits
and will ask for temporary restraining orders on behalf of its members and
other named plaintiffs against enforcement of the revised recordkeeping and
labeling regulations under 18 U.S.C. Sec. 2257. The revised regulations are
due to take effect on June 23. Paul Cambria and H. Louis Sirkin are
drafting the lawsuits, with the help of a number of other prominent First
Amendment Attorneys.
“It will be as comprehensive as possible,” said Cambria, “designed
to address all the major problems we foresee with these regulations."
In the meantime, many adult entertainment producers (including
so-called “secondary producers” such as many Webmasters) are scrambling to
become as 2257 compliant as possible. FSC recommends that adult industry
companies seek legal advice from attorneys knowledgeable about the new
regulations. No one can guarantee that injunctive relief will be granted,
or, if it is, what components of the law and regulations will be covered.
If the anticipated wave of 2257 enforcement takes place there could be a
critical shortage of skilled attorneys with knowledge in this area, and
lawyers mostly take new clients on a first-come, first-served basis. See
Mark Kernes’ AVN piece (URL below) for comments by Lou Sirkin, Paul Cambria
and J. Michael Murray on the dangers of hostile courts -- not a good time
to go to court with a lawyer who is doing on-the-job-training -- and on the
benefits of retaining attorneys in advance; and on the need for the
industry to band together for this fight.
On a reassuring note, see comments on the meaning and strength of
the 1998 Tenth Circuit Sundance Associates v. Reno case in an AVN Online
analysis by Arthur Schwartz and Michael Gross, the First Amendment
attorneys who litigated Sundance. Many adult “secondary producers” have
relied on Sundance for legal guidance.
From Mark Kernes, Adult Video News, 6/8/05
<http://www.avnonline.com/articles/229387.html>
http://www.avnonline.com/articles/229387.html
And from Arthur Schwartz, Michael Gross, AVN Online, 6/3/05
<http://www.avnonline.com/index.php?Primary_Navigation=2257&Action=View_Article&Content_ID=229097>
http://www.avnonline.com/index.php?P...tent_ID=229097
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