Court Rules 2257 and 2257A Unconstitutional
August 10th, 2018
I am one of the named plaintiffs in a lawsuit, originally filed in 2009, seeking to have the laws commonly known as 2257 and 2257A declared to be unconstitutional.
We have finally won that lawsuit.
The judge has issued a ruling that says the laws are unconstitutional in nearly every aspect and has issued an injunction preventing the government from enforcing all but one provision of the laws.
The sole remaining requirement from these laws is the requirement to check the identifications of models to confirm that they are at least 18 years old. I don’t think anyone has a problem with that requirement.
A little more detail:
The court has struck down under the First Amendment the recordkeeping requirements; struck down the labeling requirements; struck down the applications of the statutes to secondary producers, who do not actually produce the images but publish depictions produced by others; and struck down the criminal penalties, which included prison terms and large fines, except for primary producers who fail to check ID’s of performers. In addition, the court struck down the inspection provisions of the statutory scheme under the Fourth Amendment.
The government may still appeal this ruling, but as it stands now 2257 and 2257A have been struck down in all but the requirement to check IDs. Other than that one provision the court has enjoined the government from enforcing the provisions of the law.
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