Constitutional Challenges to Record Keeping Requirements Remain in Court

This week, the Court of Appeals for the Third Circuit reversed a lower court’s decision made in late 2010 to grant a motion to dismiss constitutional challenges to the latest amendments made to 18 U.S.C. §§ 2257 and 2257A.  These sections include the record keeping, labeling, and inspection requirements placed on producers of adult, sexually-explicit material.

The Free Speech Coalition led a group of plaintiffs in challenging the constitutionality of the law as it currently stands, particularly challenging the constitutionality of the 2004 amendments to the law.  In 2006, the Free Speech Coalition lost in the Court of Appeals for the Sixth Circuit making a similar argument, and were on the same course of failure when the federal district court granted the government’s motion to dismiss in 2010.  However, after appeals and judicial review, the Court of Appeals for the Third Circuit reversed this motion to dismiss and remanded to the lower court with instructions.

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