FSC, Justice Department Can't Agree About Proposed 2257 Judgment

FSC, Justice Department Can't Agree About Proposed 2257 Judgment

PHILADELPHIA — The Free Speech Coalition and the Justice Department cannot come to terms for a joint proposed final judgment over First Amendment issues in the legal battle involving federal recordkeeping laws 18 U.S.C. §§ 2257 and 2257A.

Instead, each party offered their own proposed final judgment entry to U.S. District Judge Michael Baylson, who has been hearing the long-running case.

Baylson last month had ordered both sides to formulate a judgment that conformed to decisions the court has already made. Today was the deadline for each to file.

FSC attorneys J. Michael Murray and Lorraine Baumgarder noted in the entertainment trade group’s brief that the U.S. Supreme Court’s recent decision, National Institute of Family and Life Advocates v. Beceria, provides further support for its argument that the labeling requirements are unconstitutional under the First Amendment.

In that case, decided on June 26, the high court held that notices required by California’s FACT Act, which mandated that crisis pregnancy centers provide certain disclosures about state services, violate the First Amendment by targeting speakers rather than speech.

Justice Department attorneys in their brief maintained the agency’s stance and asked the court to reject the FSC’s own proposed judgment.

The FSC and other plaintiffs sued the Justice Department over the label requirements in 2009, offering up First and Fourth Amendment challenges to the laws that have been described by the industry as burdensome.

Last year the FSC won its Fourth Amendment challenge over unreasonable searches and seizures at producers’ businesses at the 3rd U.S. Circuit Court of Appeals. The court invalidated a portion of § 2257.

The FSC later focused on a bid for permanent injunction enjoining the statutes’ enforcement because it is viewed by the trade group as overly broad and unconstitutional relative to the First Amendment.

Baylson said in May that if the parties could not agree on a proposed final decree, the court will make a final decision for them.

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Bree Brooks Stars in Holiday-Themed Release From New Sensations

Bree Brooks stars with Ricky Spanish in the new holiday-themed release from New Sensations.

Iris Kiss, Astrid Soleil Star in Latest From TGirls.Porn

Iris Kiss and Astrid Soleil star in the latest release from Grooby paysite TGirls.Porn, titled “The Next Generation” and directed by Omar Wax.

Agatha Vega Stars in Christmas-Themed EnjoyX Release

Newly crowned XBIZ Europas Female Performer of the Year Agatha Vega stars alongside Juan Lucho in the latest EnjoyX scene, “Naughty Christmas Gift.”

Clara Mia Makes Her Directorial Debut for Dorcel

Clara Mia has made her directorial debut with "Say You Love Me," the latest release from Dorcel.

Streamate Spotlights Savannah Sly as December 'Elevate' Community Partner

Streamate has selected New Moon Network founder and co-director Savannah Sly as its Elevate Community Partner for December.

Brazzers Debuts Limited Series 'Wet Hot Indian Wedding'

Brazzers has released the first installment of its new limited series, “Wet Hot Indian Wedding.”

LaBellaDX Launches New Site Through YourPaysitePartner

Content creator LaBellaDX has launched her new official website through YourPaysitePartner (YPP).

Slimthick Vic Headlines 'Friends & Exes 2' From Bellesa House

Slimthick Vic toplines the second volume of "Friends & Exes" from Bellesa House.

Clip Page Launches 'Creator Analytics' Feature

Custom content marketplace Clip Page has launched the Creator Analytics feature on its platform.

Violet Myers, Jasmine Sherni Star in Latest From Brazzers

Violet Myers and Jasmine Sherni star with Dyawne Foxxx in the latest release from Brazzers, titled "Trapped and Tapped."

Show More