2257 Ruling Results in Status Quo for Members: FSC

In an effort to take advantage of the upcoming AEE/Internext events and to better serve the members of the industry, the Free Speech Coalition (FSC) is asking anyone who has questions regarding the recent ruling by Judge Walker D. Miller regarding the FSC’s motion for a preliminary injunction in Free Speech Coalition v. Gonzales to email their queries to [email protected].

Questions will be forwarded to the FSC legal staff, which will review them and include answers to as many as possible at the membership meeting in Las Vegas on Jan. 5 and on the FSC website. Questions specific to a particular situation will not be answered and should be directed to individual legal counsel.

The FSC legal staff has made a few preliminary determinations regarding the ruling.

The Dec. 28 ruling by Judge Miller has resulted in a de facto status quo situation for all FSC members and other plaintiffs in the case. The ruling does not define FSC membership according to join date. All up-to-date FSC members are covered under this ruling, whether they joined a year ago, today, tomorrow, or any time up until a final ruling in FSC v. Gonzales.

The U.S. Department of Justice is enjoined from enforcing 2257 against “Producers” under 28 CFR Part 75, unless they engage in activity that involves the “hiring, contracting for, managing, or otherwise arranging for the participating of the depicted performer.”

In other words, FSC members and other plaintiffs who are “Secondary Producers” are protected under the ruling from 2257 inspection or enforcement until a final ruling in this case.