Whats going on?.... Lots....
The original suit filed in June of last year is still in the process. FSC, on behalf of its members, motioned for an order stopping the government from enforcing 2257 at all. The hearing on that was August 2005.
The Judge released his decision (not on 2257 overall, just on that motion) in December and he granted the FSC request in part, and denied other parts of it. If you want to read the actual document from the Judge, email me.
Normally the next step would be to pick a trial date (the suit seeks to strike down ALL of 2257) and start getting ready, but thats not what is happening here.
FSC did not fully agree with the Judge's December ruling. They feel, and rightfully so, that he should have gone further and placed more of 2257 on hold until the trial. They have appealed his ruling to the Court of Appeals for the 10th Circuit. That circuit has ruled in the industry's favor on 2257 in the past, which is why the 2257 suit was filed in Denver in the first place. If you want to read the actual appeal document from the FSC, email me.
That appeal automatically puts a hold on the original (June 2005) suit and no actual trial date has been set. That appeal could take months to work the system, so no major action or decisions expected until end of summer at least. That would be on the appeal, so then the normal -- and often very long -- trial prep process and trial can move forward.
At the same time, and likely as payback for filing the suit, some in Congress have proposed other bills or laws that would expand 2257 to include simple nudity, and even simulated sex scenes like in common movies. Those amendments to 2257 are not enforce today, but could be soon.
If they are moved into the actual code (law), the FSC has two options -- They can amend the current suit to add on these new issues, or they can file a new suit attacking the constitutionality of the new amendments.
As of today the best advice is to closely and properly follow 2257 as it is on the books, and to join (or retain membership in) FSC. The money is needed to fight this stuff, and its cheap insurance while the 2257 issue works its way through -- which as I said, could be many, many months.
Jimmy
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