HOLLYWOOD, Fla. - Panelists discussing the 2257 were unanimous Friday afternoon: The adult industry has to fight for its rights.
The discussion "2257 Update," moderated by Lawrence Walters of 1stAmendment.com, featured a panel of experts who are helping to protect those in the adult industry. These panelists were Eric M. Bernstein, a principal and partner in the law firm Eric M. Bernstein & Associates, which represents adult entertainment and Internet clients; Gregory A. Piccionelli, an Internet and adult entertainment lawyer; J.D. Obenberger, an attorney who represents and advises adult-entertainment operations; Roger W. Wilcox Jr., who practices in criminal law, appeals constitutional law and First Amendment law; and Diane Duke, executive director of the Free Speech Coalition.
The discussion focused on 18 U.S.C. 2257, a law that affects the adult industry. Walters said that crackdowns are hurting the industry's websites, producers and "secondary producers," anyone who adds adult content to websites. Those individuals, especially webmasters, must comply with 2257, a law that has a huge gray area because courts and producers might not agree on a definition of lewd content, the panel said.
The panelists recommended talking to lawyers about 2257 before moving forward, when called upon by a court; contacting a lawyer to learn about the law's provisions; and being aware that each page on an adult website must now include the entire 2257 statement, not just a hyperlink.
They also advised attendees to keep records, make sure their models are of legal age and do not have fake identification, and have models sign release forms. They suggested that everyone in the industry write to the Department of Justice to express their opposition to 2257 and its restrictions.
"If we can prove that there is a burden on the adult industry, there is more of a chance for them to not impose more regulations," Duke said. "We also have hope for the new elections in 2008 because this is the current administration's way of thinking. However, I do believe that there will not be huge changes either way. So we must fight for our rights now. You all are flying under the radar, and they are stepping on us. Please take part in our public-comment period that ends on Sept. 10."
"My father used to tell me that every school had a bully on the playground, and to beat him, you had to punch him in the face," Piccionelli added. "Well, the government is the bully now. And they are scared to death of how many people view pornographic content. We are not going to be cowards. We all care about kids, but to give us ridiculous regulations that slap a scarlet letter on our industry ... it's also ridiculous. Please join us. This opportunity to stand up for ourselves might not happen again."
For more information about the Free Speech Coalition, visit FreeSpeechCoalition.com or call (866) FSC-9373.
