Today the 3rd U.S. Circuit Court of Appeals vacated a lower court ruling regarding the constitutionality of performer record-keeping, i.e., the infamous USC 2257 forms. The stunning decision essentially makes the 2257 provisions unenforceable. This is one of the biggest wins for the adult industry in decades and lends further credence to the widespread legitimacy and acceptance of the industry. For years, the government has sought to reign in the industry in ways that go far beyond protecting people from themselves.
According to the Free Speech Coalition Chairman Jeffrey Douglas, the decision is a great one for the adult industry. He stated that he believes that it makes most of 2257 unenforceable because it violates constitutional provisions guaranteed by the Fourth Amendment, that protects against unreasonable searches and seizures. Further, Douglas stated the coalition is likely to prevail on First Amendment rights as well, and finally put 2257 to bed forever. So to speak. The ruling declares “…2257(f)(5), 2257A(f)(5), 2257(c), 2257A(c), and 28C.F.R. 75.5 facially unconstitutional under the 4th Amendment.”
It should be noted that the court ruling applies only in the 3rd Circuit. Outside the 3rd Circuit, only those who are members of the Free Speech Coalition will enjoy the benefits of the decision. This is because FSC was a primary plaintiff in the lawsuit against the government. The coalition is likely to see a large increase in membership as a result of the decision, with many porn producers seeing the value of joining and supporting the Free Speech Coalition’s efforts for the industry at large.
