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The en banc Sixth Circuit delivers bad news "to all adults who desire in any fashion to create, share, or disseminate non-obscene, sexually-explicit depictions of themselves, or other adults, without relinquishing their anonymity"

The en banc Sixth Circuit delivers bad news "to all adults who desire in any fashion to create, share, or disseminate non-obscene, sexually-explicit depictions of themselves, or other adults, without relinquishing their anonymity": So warns one of the opinions dissenting from today's 11-6 en banc ruling of the U.S. Court of Appeals for the Sixth Circuit in Connection Distributing Co. v. Holder. Circuit Judge Jeffrey S. Sutton delivered the majority opinion for the en banc court.

In early coverage, the Adult Video News web site has a report headlined "Appeals Court Rules 2257 Constitutional in 6th Circuit" (images accompanying the article may not be safe for work).

Back on October 23, 2007, a divided three-judge Sixth Circuit panel issued a decision striking down the federal statute in question. My earliest coverage of that ruling appeared in a post titled "Majority on partially divided three-judge Sixth Circuit panel strikes down as facially unconstitutional the recordkeeping requirements federal criminal law places on producers of images of 'actual sexually explicit conduct' to verify the ages of those depicted in the images."

Full post as published by How Appealing on February 20, 2009 (boomark / email).