2257: Food for thought

Bill · 2004-08-10, 02:51 PM

"(4) Producer does not include persons whose activities relating to the visual depiction of actual sexually explicit conduct are limited to the following:

(i) Photo processing;

(ii) Distribution; or

(iii) Any activity, other than those activities identified in paragraphs (c)(1) and (2) of this section, that does not involve the hiring, contracting for, managing, or otherwise arranging for the participation of the depicted performers.

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"In this case, we need go no further than the initial analysis. "[T]he text and reasonable inferences from it give a clear answer against the Government, and that ... is 'the end of the matter.'" Brown v. Gardner, 513 U.S. 115, 120 (1994) (quoting Good Samaritan Hosp. v. Shalala, 508 U.S. 402, 409 (1993) (quoting Chevron, 467 U.S. at 842)). We agree with the district court that "[t]he plain meaning of [§ 2257((h)(3)] clearly exempts persons whose activities '... include mere distribution or any other activity which does not involve hiring, contracting for[,] managing, or otherwise arranging for the participation of the performers depicted.'"
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etc etc
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Nice find Alex. I recall reading this before.

It may require test cases to be sure, but it does seem applicable.

2004-08-10, 02:51 PM	#2
Bill Selling porn allows me to stay in a constant state of Bliss - ain't that a trip! Join Date: Apr 2003 Posts: 3,914	"(4) Producer does not include persons whose activities relating to the visual depiction of actual sexually explicit conduct are limited to the following: (i) Photo processing; (ii) Distribution; or (iii) Any activity, other than those activities identified in paragraphs (c)(1) and (2) of this section, that does not involve the hiring, contracting for, managing, or otherwise arranging for the participation of the depicted performers. ---- "In this case, we need go no further than the initial analysis. "[T]he text and reasonable inferences from it give a clear answer against the Government, and that ... is 'the end of the matter.'" Brown v. Gardner, 513 U.S. 115, 120 (1994) (quoting Good Samaritan Hosp. v. Shalala, 508 U.S. 402, 409 (1993) (quoting Chevron, 467 U.S. at 842)). We agree with the district court that "[t]he plain meaning of [§ 2257((h)(3)] clearly exempts persons whose activities '... include mere distribution or any other activity which does not involve hiring, contracting for[,] managing, or otherwise arranging for the participation of the performers depicted.'" ----- etc etc ----- Nice find Alex. I recall reading this before. It may require test cases to be sure, but it does seem applicable.