News Federal Court Protects Anonymous Porn, Says Vast Majority of Swingers are Middle-Aged
posted by October 24 at 8:56 AM
onThe 6th Circuit has struck down a federal law—part of the Child Protection and Obscenity Enforcement Act of 1988—that requires pornographers to make records of the names and ages of anyone in their films available to the government.
Decision of the Day reports:
The Court explains that the invasive nature of the record-keeping requirements deters legal activities, particularly the many amateur photographers and filmmakers who put their sex lives on display but wish to remain anonymous in doing so.
The decision, which states simply, “We conclude that the statute is overbroad and therefore violates the First Amendment,” relied in part on the fact that swingers are middle-aged schlubs:
The key question is whether the means employed in § 2257—imposing age-verification and record-keeping requirements on all who produce depictions of actual sexually explicit conduct, regardless of the performers’ ages—burdens substantially more speech than necessary to prevent the sexual exploitation of minors in child pornography … The evidence in the record indicates that the vast majority of swingers are middle-aged and accordingly not at risk of being mistaken for minors. Relatedly, the record contains no indication of swingers engaging in sexual exploitation of minors. Accordingly, in the vast majority of instances, applying § 2257’s age-verification and record-keeping requirements to this population does not advance the government’s interest in preventing child pornography, but instead operates to burden constitutionally protected speech without any corresponding benefit. Indeed, this is true of all visual depictions of actual sexually explicit activity involving performers who are clearly above the age of majority. Accordingly, substantial portion of the burden on speech does not serve to advance the government’s asserted goal, so § 2257 is not narrowly tailored to the government’s interest in preventing the sexual exploitation of minors in child pornography.
Comments
does this mean ratemyschlong.com will be up and running again soon?
Glorious... Xtube is safe once again.
This city really should do more to support fat, horny, gross old dudes. They give us far more than we give them.
Three cheers for Mr. Poe!
@4
Hmm?
Damn straight we do, Goober!
And your "Day Of Resitution" will soon be at-hand!
@6 re: "Day of Restitution"
Is that what we're calling that now?
Don't be so narrow minded Goober- this ruling supports gross meth head twinkies too.
Something for all amateur porn enthusiasts!
Score. This means that Manhunt and Xtube are safe, and therefore, I'll never run out of material to masturbate to.
You're not thinking of the children.
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