Today the 3rd U.S. Circuit Court of Appeals vacated and remanded a lower court’s July 2013 ruling that held that performer record-keeping for adult entertainment producers are constitutional.
This all but strikes down the law. Technically it only applies to the third circuit but it does set a precedent that most prosecutors would not challenge.
What is interesting is that the 3rd Circuit is the Pennsylvania, Delaware. New Jersey area, and thus does not apply to most of Porn Valley which is in the 9th Circuit. But as I noted it sets a precedent.
Already The Free Speech Coalition is on record saying that if you are not in the third circuit you have to be an FSC member for the ruling to apply, that is an ABSOLUTE Falsehood. Being a member of a trade organization does not have any bearing on the constitutional protections you have under United States law, being an FSC member does NOT in any way protect you any differently than not being an FSC member.
The FSC does deserve some credit for following this through, no doubt, it is probably the only positive thing that has come from them in the last 20 years, then they fuck it up by saying it only protects members of the FSC if you are outside the 3rc circuit, that is complete bullshit.
In the end I think the ruling is spot on, the previous ruling that 2257 amounts to a warrant-less search was correct, but still the presumption of innocence was completely lacking, in that a producer has to prove that he did not commit a crime that in all likelihood didn’t happen.