If you’re in violation of a law as of today, they can prosecute you, but the DOJ will have to wait until the court issues an injunction ruling.” Paul Cambria, a veteran First Amendment attorney said “This is a set of complex constitutional issues, and we really don’t anticipate a decision [by the court] sooner than 30 days after the hearing. We don’t know exactly how long it will take; it could take much longer. I would not be surprised if it took several months because of the complicated nature of the issues involved.” Meanwhile, those who are not FSC members may still be inspected and prosecuted.

The deal brokered today is bound by the Rules of Civil Procedure and state that only the plaintiffs are covered by the decisions. Michelle Freridge, executive director of the FSC said to AVN News “It’s not our intention to leave anybody out in the cold and we’re doing the best we can to protect the industry, but we have to follow the law because that gives us the best shot.”

Under the new deal, the DOJ will have to submit the name of any adult retailer or webmaster whose records it wishes to inspect under the 2257 regulations to a special master (typically a retired judge appointed by the court and agreed upon by both parties). In turn, the special master, who will receive the FSC membership list on June 29, will tell the government who it can and cannot inspect based on that list.

What Else Was Addressed?

An example of what else was addressed today were the regulations’ requirement that foreign actors must provide a U.S.-issued document proving their age for all content manufactured between 1995 and now. The government already has agreed, in documents submitted thus far, that the requirement is over the top. Instead, it will require U.S.-issued documentation for foreign actors only from June 23, 2005, forward.

Joe Obenberger, a First Amendment attorney said to AVN, “The government would not have entered into this unless the government thought they had something to gain by bypassing a hearing, and I think we all know the government avoided embarrassment,” he says. “They would have lost, and they would have lost big. This provides a sure protection in the short term for FSC members.”

Free Speech Coalition Membership Soaring

As you can imagine the FSC headquarter phones are ringing off the hook with applications from prospective new members. It is advised that if you are not able to get through initially, that you keep trying as they continue to need all the support they can get to tackle this important and historical battle for sexual freedoms and the constitutional rights of American citizens.