Judge Rules 2257 Is Constitutional But There Is A Small Victory

A federal judge ruled today that 2257 is constitutional,   as I expected would happen.  If you read about it in the adult press you got Mark Kernes wishful thinking stories, not objective analysis.  So this comes as no big surprise.


The one part that IS interesting is that the judge ruled that 2257 does NOT apply to “bona fide residences of producers” stating that it would be a violation of the 4th amendment to allow warrant-less searches of a residence.

For a complete analysis XBiz.com has a good one

78390cookie-checkJudge Rules 2257 Is Constitutional But There Is A Small Victory

Judge Rules 2257 Is Constitutional But There Is A Small Victory

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6 Responses

  1. Here’s the phrase I found most interesting in the decision. “Rather, it was the pervasiveness of laws aimed at ensuring the industry’s practices did not undermine the safety of the public, which justified the reduced privacy expectations of the businesses. And here, federal anti-child pornography laws are similarly extensive.”

    In other words, this is a First Amendment case in which a federal judge found that the government has an interest in regulation that protects the safety of the public.

    Now, this law is in the context of the safety of underage performers. But, I don’t think it’s a stretch to argue that a condom law, like the 2257 regulation, is designed to ensure the safety of the public.

    Just a thought.

  2. That must be so when the girls escort they don’t pass diseases on to the johns.

  3. What I find interesting in all of this is that the Judge seems to be leaning a whole lot of the fact that since the conservatives got kicked out of office, that the 2257 inspection process was left moribund and the group doing it closed. The lack of application of a law does not in any manner decide if it is legal or not. It seems more like a case of “wait until they use it again”, and at that point some other court will take up if it is in fact constitutional and legal in it’s actual application.

    Seems like the legal equivalent to a punt, kicking the case to some time in the future where some other judge will have to figure it out.

    IN fact, this might tell the whole story:

    “In 1988 he was appointed by President Ronald Reagan as the United States Attorney for the Eastern District, a position he held until 1993.[1] He returned to private practice as a partner with Duane Morris until 2002,[2] when he was nominated on January 23 by President George W. Bush to a seat on the Eastern District Court that had been vacated by Robert F. Kelly.[2] He was confirmed by the United States Senate on April 30, 2002, and received his commission on June 19.[1] He assumed senior status on July 13, 2012.”

    Seems like he is a conservative judge who figured out a way to leave a little ticking time bomb for the anti-porn conservatives to use next time they are in office, without having to pass any new laws.

  4. This is a VICTORY for the FSC. Now they get to ask for more money to file the appeals. FSC lives for the battle, they have no interest in winning the war. Without the constant battles, there would be no need for the FSC.

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