Feds: We Have a Bad Connection

The law was aimed at stopping child pornography but a federal appeals court said it also applies to a chain of magazines that primarily run personal ads for swingers. \n The 6th U.S. Circuit Court of Appeals ruled that Connection Distributing Company, which publishes a dozen swinger publications, must keep on file records that pertain to every person who is shown to be participating in sexually explicit conduct. \n The federal law applies to all books, magazines, periodicals, films, videotapes or other matter which has visual depictions that is made after Nov. 1, 1990. It was enacted to crack down on minors appearing in pornography. \n Connection filed suit against the law in 1995. It argued that forcing it to keep records on everyone in the magazine who appears to be having sex is an unconstitutional violation of its rights to free speech and free association and a breach of its readers rights, as well. \n Swingers who subscribe to Connection magazines frequently place ads seeking out other swingers. In many cases, the ads show pictures of the people who placed them engaged in sex. \n The publisher said its subscribers want to protect their privacy and do not want others to know their names. The editor testified that 80 to 90 percent of those placing ads asked that their faces be blurred. When the company began keeping records, ads declined significantly. Forcing the magazine to keep records infringes on the right of swingers to communicate with other swingers, the magazine company said. \n The federal government, in Connection Distributing Co. v. Reno, said the law was a reasonable way to guard against child porn and not too great a burden. \n Meanwhile, there was virtually no evidence that photos of minors had appeared in any of the Connections magazines. A government expert witness, who first testified that none had appeared, later said he thought he might have seen three minors in photos. \n The three - judge appeals court agreed that Connection had a right to publish non-obscene photos but said the law must be followed because it is a reasonable way for the government to fight child porn. \n A lawyer for Connection said he plans to appeal the case to a full panel of the 6th Circuit and, if necessary, to the U.S. Supreme Court.