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Originally Posted by Barry-xlovecam
1. The government has a public interest is assuring the age of majority of performers depicted in explicit sexual content. I would expect that §225 6 would withstand scrutiny.
2. The government may not be able to regulate adult content's location ** on the internet [added]but they don't now -- they do not prohibit internet use of certain domains for pornographic content as an example.
I don't see this as a good thing if the ruling goes either way. If §2257 was struck down Congress most likely would see fit to modify the law to suit the Court.
What I think would be fair would be to require valid identification at the time of production for the record and that is it -- the rest is just bullshit and an attempt to preempt otherwise lawful adult expression 
Burden of proof should be on the government -- §§ 2256 - 2257A is in USC Title 18 -- that is criminal code. |
Congress's power does end at the limits of the constitution - that's the entire point of this litigation, that they went too far. And your reply is that they can learn from the decision, take a second look, and pass another law with provisions that actually is within their power. The extent to which they can do that depends on how the courts decide this case and how they explain their decision.
There have been many attacks on Section 2257 for more than twenty years, and the statute has changed much because of the litigation. When 2257 was first enacted, it provided a presumption that, if you did not keep required records, then the model was presumed to be underage. That didn't not survive the courts! There have been other smallish victories and statutes and regs have changed to adapt - one easy example is how much of the "depiction" needs to be in your records regarding a streaming webcam show - the judge in Denver found that the economic cost of keeping many terabytes of entire shows imposed an improper burden on expression and invalidated it, and eventually the regs were changed in lline. Here's a history of all of the cases and changes to the regs and the statute from the start. (It needs to be updated to this 2015 developments.)
XXXLAW -Section 2257 - All the Judicial Cases and Congressional Amendments
Sometimes, a decision can be so broad that it gives Congress little maneuverability.
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Extremism in the defense of Liberty is no vice. . . Restraint in the pursuit of Justice is no virtue.
Senator Barry Goldwater, 1964