Free Speech Coalition attorneys are reviewing the newly released revisions to the regulations based on the Federal Labeling & Recordkeeping Law, 18 U.S.C. in preparation for the legal challenge FSC intends to mount on behalf of its membership.
However, being a member of the Free Speech Coalition does not mean that compliance is unnecessary. Every producer of actual sexually explicit conduct is governed by the existing regulations and the new regulations (which take effect June 23, 2005).
The Free Speech Coalition will initiate litigation to seek an injunction against the law generally as well as specific parts of the regulatory scheme. While FSC is confident that it should receive injunctive relief of some sort, and are hopeful that such an injunction will be broadly based, there are no guarantees. In a press release, FSC said, "We do not and cannot promise that an injunction will issue, and if it does, what components of the law and regulations will be covered.
"We urge every member of the adult entertainment and information community to comply with the existing law and regulations, and to be prepared to comply with the new regulations, insofar as possible. If we get the injunctive relief we seek, then we will inform our members what rules are covered by such injunction."
Under the Federal Rules of Civil Procedure, only the parties to litigation are covered by an injunction. Therefore only the Free Speech Coalition and its members will be covered by an injunction issued pursuant to any lawsuit initiated by FSC, and only to the extent the injunction restricts the government enforcement.
If you have questions, please consult a lawyer experienced in the arena of 18 U.S.C. ยง 2257. There is also information at www.freespeechcoalition.com, but it is no substitute for the advice of a knowledgeable attorney.
