November 15, 2007 | The Biz

Law affecting porn struck down

The 6th Circuit Court of Appeals ruled on October 23 that the government's 2257 statute governing pornography violated the First Amendment. 2257 expected porn producers to keep detailed records on anyone appearing in sexually explicit photos and video so as to prove their age at the time of production. And yes, 2257 could potentially affect individuals creating their own naughty photos and then posting them on social networking or photosharing sites.

However, the court declared that 2257 went too far, negatively affecting free speech.

To appreciate why speech would be chilled, consider the following. A couple wishes to take photographs of themselves engaging in sexual activity. To do so means compiling records, affixing statements, maintaining such records for at least five years, and opening their property up for visitation by government officials to inspect the records. It seems unlikely the couple would choose to speak when faced with such requirements, which if violated means being guilty of a felony punishable by up to five years in prison plus fines.

Matt Foreman, of the National Gay and Lesbian Task Force, couldn't be happier. [more]

"This welcome court decision affirms that the government should not be prying into and punishing relationships between consenting adults under the guise of fighting child pornography," he said. "Section 2257 and the regulations proposed are part of our government's hypocritical and punitive views about sex, sexuality, and reproductive rights."

This case has been making its way through the courts since 1995, and though this latest development may be seen as good news the fight is far from over. The US government can certainly appeal the decision to the Supreme Court or it can make adjustments to 2257 to make it more compliant to the Appeals Court ruling. Knowing the White House's love for butting into the private lives of consenting adults, letting the decision stand is not an option.