Appeals Court Rules Porn Recordkeeping Law Unconstitutional

Authored by Mark Hefflinger on October 25, 2007 - 11:31am.
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Cincinnati, Ohio - The 6th U.S. Circuit Court of Appeals earlier this week struck down a law that required adult entertainment providers to keep records on all of the performers featured in their products, saying the law was overly broad and violates First Amendment protections.

The ruling, which the government may still appeal to the Supreme Court, could have ramifications for amateur pornography websites and other community sites where citizens post explicit photos and videos of themselves.

The government in July proposed extending the recordkeeping requirements of the law in question, the 1988 Child Protection and Obscenity Enforcement Act, to such amateur sites.

"This statute not only regulates a person's right to take sexually explicit photographs, but it also requires that person to identify him or herself as the photographer as well as identify the individual depicted," wrote Judge Cornelia Kennedy.

"While the individual depicted is shown in the photograph, that person still has a First Amendment right to not provide his or her name and therefore retain a certain level of anonymity."

 

Related Links:
http://www.news.com/8301-13578_3-9803929-38.html

http://www.wired.com/politics/law/news/2007/10/porn_law

http://tinyurl.com/3abue5 (PDF: 6th Circuit's ruling)



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