Free Speech Coalition sends this- Cleveland, OH - On Tuesday, October 23rd the United States Court of Appeals for the 6th Circuit issued its decision in the case of Connection Distributing Company v Keisler striking down 2257 as unconstitutional on its face.
Each of the three judges on the panel determined that 2257’s burdens are not sufficient in the Government’s interest of combating child pornography. This reasoning applies across the board and is not restricted to the contents of swingers’ magazines as represented by the specific parties.
This decision clearly holds for the 6th circuit (Michigan, Ohio, Kentucky and Tennessee) that 2257 is unconstitutional unless and until 2257 is dramatically rewritten by Congress. Continued litigation is likely in states outside the 6th Circuit.
“This is one of the arguments that FSC has been asserting all along and that we will continue to carry if necessary,” said Reed Lee, FSC board member and Chair of FSC’s Legal Committee. Lee pointed out that the Government has options and will most likely reveal its intentions within the next two weeks.
Within the next few days, FSC will provide a more detailed analysis of the decision, the FSC legal team’s responses to “Frequently Asked Questions,” and an outline of possible next step scenarios. In the meantime, FSC, acting in its role as the industry trade association, will continue to keep members informed about this and other important developments affecting the industry nationally.
No comments:
Post a Comment