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E.D.Pa.: Record keeping requirements for porn producers does not violate Fourth Amendment

By John Wesley Hall, Jr.

The requirement of record keeping of sexually oriented performers to avoid child pornography, 18 U.S.C. §§ 2257 & 2257A, is a reasonable record keeping requirement and inspection of those records does not violate the Fourth Amendment. Three decades of regulation qualifies as closely regulated for the purposes of age documentation of performers. [The case also involves First and Fifth Amendment challenges.] EFF's page for the case does not have this opinion as of the time of this posting. Free Speech Coalition v. Holder, 2010 U.S. Dist. LEXIS 75471 (E.D. Pa. July 27, 2010): It is well established that, under the Fourth Amendment, a person's reasonable expectation of privacy in his or her home or business exists "not only with respect to traditional police searches conducted for the gathering of criminal evidence but also with respect to administrative searches designed to enforce regulatory statutes...continue to full post

Full post as published by Fourth Amendment on July 29, 2010 (boomark / email).