Page 43 - AVN April 2013

Business Sense_04.13 3/19/13 2:40 PM Page 43
LEGALNEWS | By Mark Kernes
FSC’s 2257 Case Kicks Into High Gear Donations to fund the lawsuit are more critical than ever
had contacted to prepare a report on how much actual child pornography versus how much
In a surprising ruling by U.S. District Judge Michael Baylson, both plaintiffs and the govern-
ment in the case of Free Speech Coalition, et al v. Holder, which challenges the federal
recordkeeping and labeling law 18 U.S.C. §2257 on several grounds, will have to complete
adult porn with young-looking performers would be affected by 2257’s recordkeeping
mandates was forced to drop out of the suit, leaving Murray and his associates scrambling
all of their pretrial discovery—interviewing witnesses, answering “interrogatories,”
exchanging documents and taking depositions—by April 30 at the latest, with trial of the
issues to commence just over one month later on June 3.
The court noted, in its Scheduling Order, that each side had said that it expected that it
could present its case over five days, with the judge allowing one day each for rebuttal and,
if necessary, sur-rebuttal.
The court’s move appears to have been at least partly in response to a government
motion, filed on March 1, requesting a 90-day extension of time for discovery, and for
leave for the defendant to conduct more than the court’s previously set limit of ten
depositions.
“Because there are twelve plaintiffs in this case, each asserting a separate as-applied First
Amendment claim, because one of the organizational plaintiffs also purports to raise a
Fourth Amendment claim based on inspections that occurred of at least twelve different
companies, and because plaintiffs have identified additional individuals as potential
witnesses, leave to conduct depositions of each of these plaintiffs, entities, and potential
witnesses is warranted, and additional time is required to complete the contemplated
discovery,” wrote U.S. Attorney Kathryn L. Wyler and her colleagues.
Free Speech Coalition and the other plaintiffs had not opposed this motion, in part
because they have their own discovery to complete—for instance, the government has yet
to turn over the FBI’s reports of 2257 inspections done of various adult content producers
from 2006 and earlier—and in part because the organization is perilously close to running
out of money to fund the lawsuit. Also, one of the experts FSC attorney J. Michael Murray
to replace her with an equally qualified candidate who could complete the project in the
eight days left before the report has to be filed with the judge and opposing counsel.
“This lawsuit is our last bite at the apple,” reminded Free Speech CEO Diane Duke.
“We can’t go back and litigate this issue again, so this is it, folks. We have a strong case, we
have strong attorneys, but we are in the midst of discovery, and the government is asking
for everything, so it’s very expensive, and Free Speech Coalition does not have the funds to
fund this litigation without industry support. Right now, with the Obama administration
in office, people are feeling comfortable, but if this law were to go into full effect, which it
will if we’re forced to drop this lawsuit, inspections could happen again at any point, and if
producers aren’t keeping records now, or not keeping them in the form approved by the
government, they’re going to be responsible for keeping those records today and for the
forseeable future—or they’re going to wind up in prison.”
Needless to say, this plea for donations comes at a time when the adult industry is being
besieged from all sides, the most pressing matter being the lawsuit against Los Angeles
County’s Measure B, which despite it being pressed by one fairly well-funded company
(Vivid), will also likely need additional funds to see the suit to its conclusion.
But the simple fact is, if FSC and the other plaintiffs are forced to abandon their lawsuit
at this late date, it will be a disaster for every content producer in the country, not just
those in the L.A. area. And as everyone should know by now, lawsuits don’t come cheap,
easily running into the hundreds of thousands of dollars—as the 2257 suit already has.
Donations to help keep the adult industry’s 2257 lawsuit alive can be made at
FreeSpeechCoalition.com/donate.html.
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