by Kathee Brewer of ynot.com
PHILADELPHIA – U.S. laws that require producers of sexually explicit content, or content that simulates explicit sexuality, to keep records proving the majority of their subjects violate the search and seizure clauses of the Constitution, according to a new federal lawsuit to be filed Wednesday on behalf of 15 plaintiffs from the mainstream and adult entertainment.
The Fourth Amendment challenge is a new approach for opponents of 18 U.S.C. §2257 and §2257a, the federal recordkeeping and labeling acts. So is the group of challengers. Led by the adult industry trade organization Free Speech Coalition, the collection of plaintiffs also includes journalists, a photojournalist trade organization, artists and sex educators in addition to studios and performers who work in adult entertainment.
“We have a very, very substantial constitutional attack,” plaintiffs’ attorney J. Michael Murray told reporters during a Tuesday evening teleconference, adding that First Amendment and Fifth Amendment challenges are part of the suit, as well.
The lawsuit will be filed in the U.S. District Court for the Eastern District of Pennsylvania, a venue Murray said has “extensive First Amendment experience” and a track record of striking down federal statutes that are overbroad and vague.
Plus, “Philadelphia is where the Constitution was born, so it seemed appropriate,” Murray added.
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