2257 Injunction has been filed
 

DENVER - The Free Speech Coalition on Thursday filed a complaint and motion seeking temporary injunctive relief against enforcement of the recently revised federal regulations pertaining to 18 U.S.C. §2257. ?Twenty-two fifty-seven,? as it is known colloquially, is the federal records-keeping and labeling act outlining penalties for failure to document the ages of models and actors who appear in sexually explicit imagery. The revised regulations, which specify how 2257 documentation must be kept, who must keep it, and how it may be inspected, were published in the Federal Register May 24 and will take effect June 23.

Since their publication, the regulations have been criticized by adult industry attorneys as vague, onerous, potentially self-incriminatory, and possibly broadly unconstitutional.

The suit, Free Speech Coalition v. Alberto Gonzales, was filed in the U.S. District Court for the District of Colorado late Thursday afternoon on behalf of the membership of the FSC. It outlines more than 20 separate claims on the basis of which the FSC is asking the court to issue a temporary restraining order.

Three legal firms represent the FSC in the filing: Colorado-based Schwartz & Goldberg PC, Ohio-based Sirkin, Pinales & Schwartz LLP, and New York-based Lipsitz, Green, Fahringer, Roll, Salisbury & Cambria. None of the attorneys involved in the filing were available for comment at press time, and other attorneys close to the case declined to comment, as well.

However, according to FSC spokesman Tom Hymes, the FSC?s attorneys expect the court will order a hearing on the motion before June 23. Attorneys H. Louis Sirkin, Paul J. Cambria Jr., and Michael W. Gross are prepared to present the FSC?s arguments to the court.

God damn I hope everything goes back to normal.

woo woo! I pray the FSC wins and everything goes back to "normal"

*Anxiously awaits added information*

:thumbsup

thats great news

Thanks for the update :)

right :thumbsup

good news

Jay, I have to ask because I know at least some of us have to be thinking it.


What if the FSC is unsuccessful? Will OC Cash remain steady as she goes under the belief that you will win/ or be protected by the sundance ruling if anything should god forbid ever happen with the DOJ in regards to OC Cash or one of its affiliates?

I'm almost positive they've got more cards to play than just the sundance case. I fucking hope.

cool man, good luck.

finally a thread with some hope!

good news

This was a very smart move of the behalf of the FSC. As it has been explained to me by a very competent attorney, face to face -- that fact that the injunction being filed in the 10th Circuit puts the FSC at a huge strategic advantage because a judge in the 10th circuit has already ruled an said the concept of ?secondary producer? is unconstitutional. That is the crux of the revised 2257.

As it has been explained to me, The 10th Circuit HAS NO CHOICE but to go by their decision ? even if the current judge thinks it was the worst decision on Earth?his hand are tied! To reverse the decision would be a very long and arduous process.

This is good news people ? really good news. Stop worrying about 2257 and get back to work!

great news! :thumbsup :thumbsup

Finally!


Now we have to hope the judge has some sense and tosses these regs altogether.

Of course we will do whatever is needed to keep you and ourselves out of trouble.

One more time...this is very important:

This was a very smart move of the behalf of the FSC. As it has been explained to me by a very competent attorney, face to face -- that fact that the injunction being filed in the 10th Circuit puts the FSC at a huge strategic advantage because a judge in the 10th circuit has already ruled an said the concept of ?secondary producer? is unconstitutional. That is the crux of the revised 2257.

As it has been explained to me, The 10th Circuit HAS NO CHOICE but to go by their decision ? even if the current judge thinks it was the worst decision on Earth?his hands are tied! To reverse the decision would be a very long and arduous process.

This is good news people ? really good news. Stop worrying about 2257 and get back to work!

my thoughts exactly :thumbsup:



...

I agree, Really good news :thumbsup :thumbsup


## Edited line
Thanks for answering my ?? Jay.

I'll stop worrying when a judge tells us we are no "secondary producers" until then ths is all wishful thinking.

nice :thumbsup

:thumbsup :thumbsup :thumbsup

I have to agree here, watching all the legal crap back and forth that went down over pulling the plug on Terri Schiavo has me thinking as a realist, but weirder shit has happened before...

A judge already has -- in that same district. That is the genius of what the FSC has done.

Not that any of you guys will actually do this, but consult a good lawyer for yourself and don't really on the boards for legal advice. I repeated just about everything I've been told by my attorney -- now we just need to watch thsi play out.

So far this has gone just the way he said it would.

Good news:)

fucking great news!

great fucking news! go FSC!

Excellent!

good news Jay!

Not to "detract" from the good news applauds... but XXXJ.... in your original post it was formed as a news article. Where is it from? Can you link it please? (I'm from Denver) :) Would love to know where that was published.

Also... I hate to shit in peoples wheaties... but... "it's time to get back to work"... doesn't me crap, until at least months from now.

XXXJay, why has a judge already ruled on the secondary producer aspect of 2257? Was this in a recent case or from someone trying to label a website owner a producer before the new regs were proposed?

Good news guys :thumbsup

I bet a few people will wake up a little happier this morning

Search the board for "Sundance"

It may be good news, but to stop worrying is a mistake. Take this serious, get your shit together, and still pray that it gets worked out.

Louis Sirkin is my attorney. He's one of the coolest guys you'll ever meet if you get the chance to shoot the shit with him.

I am gonna burn a bunch of candles this evening....

ya thank fucking god

are you SURE eveything'll be ok ?
i' m not ...
but well ...
who knows ...
whatever ...
if there is any LEGAL change let us know ;-)

A little clarification here, because obviously you were not listening to your attorney and/or he is being dangerous with your life.

Fact: The reason they filed in the 10th District is because Sundance set precedence in 10th District, so by law they pretty much are going to go with the most recent publixhed decision. That being said, it isn't like precedence has never been challenged and overturned.

Fact: Just because the 10th grants the injunction, that does not mean any other district has to honor the injunction. Only courts in the 10th District need apply it.

Fact: While the FSC is confident of at least a partial injunction, they are not suggesting that if an injunction is granted, everyone can resume life as normal.

precisely

Fact: You are not a lawyer.

The guy who wrote this is:
http://www.gofuckyourself.com/showthread.php?t=479486

Armchair lawyers suck...

nice job :)
lets see how well it does!

Great news. Anyone who hasn't donated to the FSC should do so now. :)

Mark

If nothing else we get more breathing room. Donate already if you did not do that.

nobody bets against cambria and wins