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Originally Posted by $5 submissions
Next stop: Supreme Court?
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I strongly doubt that the US Supreme Court would grant certioria on the Connections case. There currently stands no conflict between the Circuit Courts. Further, why would a conservative Supreme Court grant cert just to uphold the constitutionality of law that is not yet been really challenged.
If there were several cases involving 2257 pending and several Circuits all with different holdings as to its constitutionality then perhaps it would be an issue that the Supreme Court would want to address.
Remember the US Supreme Court denied the state of California's request to hear the Freeman case, in which the California Supreme Court decided that porn production was a protected right under the First Amendment. If the US Supreme Court would have heard and upheld the Freeman decision, porn production would have been legal everywhere.
And a challenge to the new regs is going to be even more difficult now that third party custodians are allowable.