Free Speech Coalition Responds to 2257 Decision

The Free Speech Coalition issued a statement today in response to Federal District Court Judge Walker Miller's March 30 ruling on the its federal 2257 lawsuit.

Judge Miller's interim ruling dismissed some causes of action in FSC's suit, allowing others to proceed in light of the 2006 Adam Walsh Act amendments to 18 U.S.C. § 2257. 

FSC attorneys, in cooperation with government litigators, delayed amendments to their lawsuit until the regulations for those amendments were issued. These regulations were scheduled to be issued in January, but have not yet been made public. 

"It makes no sense to rule on a law prior to the issuance regulations defining how the law is to be carried out," said Diane Duke, FSC Executive Director.

Judge Miller's issuance is consistent with his December 2005 ruling enjoining parts of 2257. But, because of amendments made to 2257 by the Adam Walsh act, FSC has until April 16 to present to the court grounds for why the amended 2257 is unconstitutional. The government has until April 30 to respond.

According to the FSC press release, the organization's attorneys "have identified and are working on a number of strategies to address Judge Miller's most recent decision." 

"While we are disappointed by Judge Miller's ruling, this case is far from over," said Reed Lee, FSC Board member and President of the First Amendment Lawyers Association. "There are a number of constitutional issues, previously appropriately avoided by Judge Miller that must now be addressed."

"FSC will provide regular updates on the status of 2257 as the case unfolds through our weekly XPRESS newsletter, e-mail alerts and posting on our websites," said Duke. "As soon as we have additional information, we will communicate it to our membership."