The National Gay and Lesbian Task Force, Inc., applauds yesterday’s 3–0 decision by the United States Court of Appeals for the Sixth Circuit striking down a federal statute commonly known as “Section 2257” because its extensive regulation of visual depictions of adult sexual activity imposes an unconstitutional restriction on free speech.
Under the auspices of combating child pornography, Section 2257 imposes expansive record-keeping requirements on visual representations of adult sexual activity. Among other restrictions, it requires that detailed personal identification information be affixed to all photographs and videos; that the identifying information be maintained by both the picture-takers an any entity publishing the pictures, such as social networking sites; and that the government be allowed to enter the premises where the records are kept at least once every four months to inspect them. Violations are felonies punishable by up to five years in prison with a maximum of 10 years for a second offense.
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