Feds Ask the 6Th Circuit For a Re-Hearing on 2257
 

From
http://www.mikesouth.com

In a motion that has largely been ignored by the adult press the feds have petitioned the sixth circuit for a re-hearing on the 2257 case that they struck down.

This was not totally unexpected, particularly when election year politicking can turn it into a hot button issue. Industry observers like Mark Kernes ( AVN did report on this) are pointing out how weak the governments case is but at the same time are ignoring the fact that this is percieved by the public as a child pornography law and in an election year things like that get a lot more sensitive.

The almost unanimous ruling last year (even the one dissenting judge pointed out constitutional issues in his opinion) does makes it unlikely that a rehearing will be granted, making the next step be for an en banc hearing should the government lose again, after that, should it fail, or be upheld in the en banc hearing, the government would have to file a writ of certiorari attempting to get the supreme court to hear the case.

Not wanting to be caught with their pants down around their ankles and their hands in the cookie jar again, THIS TIME the FSC is wasting no time in filing an amicus brief, at which point, no doubt they will take credit for the whole thing.

thats for the info mike

Good Info.

oh boy. fucking politics.

Now what the industry should do is put together a ad campaign that 2257 does nothing to protect children. Like other industries do. People only know one thing because they only see one side.

The FSC called me on Friday to ask if I wanted to renew one of my memberships that expired 1.5 years ago.

I was wonderng what triggered that fundraiser phone call.

wanting more money?

Problem is that the money trail leads back to porn and all a politician has to say is "this is paid for with money from pornography" and it's dead.

Got to come from another direction.

i disagree,its better than having no voice out there.

everyone should just write in "Jesus" when they vote for President. seriously... lets cut straight to the point on the next one.

assholes,

don't they have a more important things to do - like protect liberties of US citizens?

I think they are in the business of the exact oppisite.

I'm going to have friends upload my content and call it a tube site. No 2257 needed. Simple.

I eat paste.

There is no voice for this....I don't care if you spent $100 million trying to educate people on the issue.

Even our most lucrative customers think we're slimeballs (for the most part) They may love their porn but they could give a shit about the plight of the pornographer and they really couldn't care less about whether a porn record keeping law passes constitutional muster.

The only battleground where we stand any chance is in the courts, because the law and constitution are what matters there, not public opinion.

Again I disagree, porn is almost mainstream for the most part. If thats the case you wouldn't have porn stars more and more in mainstream from TV to books to mainstream movies, a rated R version of Pirates at blockbuster. The only people that talk about us are the religious wackos who use us to get donations. If we started informing them and their rights to view what they want, I think we can give people something else in their ear,instead of the bs.

Didn't minusonebit break this story first? :winkwink:


Thanks for the info. Have been waiting to hear which way the gov was going with this. I knew they had a limited amount of time to file.

they are begging again...cant pay their bloated salaries.

we should let them die and replace them with something effective

I disagree with you Tony.

You say "Playboy" and the public is fine with it, thinking it's noble. But of course they have no idea what Playboy is really producing.

You say "porn" and images of fat men with hairy chests smoking pot with 19 year old models come to mind.

Any idea as to when this is supposed to happen or have an answer to this? Scary situation now that the FSC is involved. This is not the kind of news I wanted to hear today. Talk about beating a dead horse.

We all owe Rondee Kamins immeasurable thanks that the gov has been forced to appeal!:thumbsup

Its already happened next comes the courts decision on whether or not to re-hear the case.

In a way this could be good if the court refuses and the feds go to the supreme court and the supreme court upholds the decision then it isnt just the sixth circuit anymore, its the entire country. But there s a risk as well because if the supreme court overturns the decision 2257 is the law of the land.

porn still has a stigma attached to it no matter how many people are ordering it on PPV or joining websites. and the problem is not those quiet customers... the problem is the vocal opposition combined with the fact that no one is (or no one does) going to counter them. this is a religious nation and the vast majority of people and even more so for women are not going to ever agree that its ok.

what makes you think you are going to change a "religious wackos" mind about something? thats a bit absurd. why not start by trying to "inform" them that abortion is totally ok? that will make a difference right? why not just go further and convince them there is no God.... that will make everyones lives easier. hmmm... i wonder if they will be receptive to the notion that they are totally wrong and some of the very foundations of their moral beliefts need to change so we can all be happier? i'm sure they will be cool with it.

Why is it that Americans think porn is a taboo issue only in the US? It has nothing to do with a few religious wackos.

Joe six pack is not going to write his congressman in support of pornographers no matter how much he loves Jenna Jameson.

IF someone was trying to make porn on the net illegal, then sure, you might have a groundswell of support on your side.
That's not what we're talking about though, we're talking about an onerous record keeping law that the public is simply not going to care about no matter what.

They could care less about a model's privacy or the cost of keeping the records for the people who produce the content.....the same way they don't care whether or not the stripper giving them a lapdance gets health insurance from the strip club.
The performers are pieces of meat to them and the people behind the camera or the people behind the scenes never enter their horny little minds.
To think that they would actually care about 2257 is just a bit narcissistic. :2 cents:

Any idea when the court will make the decision whether or not to re-hear the case?

Most people who watch porn will not admit it, and certainly will not lend their name or reputation in a public forum to insure that their tubes remain porn filled.

In other words, porn is still in the mainstream's closet.