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2257 Ruled Unconstitutional in the Sixth Circuit

CINCINNATTI – [www.avn.com- The United States Court of Appeals for the 6th Circuit ruled today in the case of Connection Distributing Co. et. al. v. Keisler that the federal 2257 record-keeping statute is unconstitutional and overbroad.

“This is huge, huge news for the entire industry,” attorney J. Michael Murray told AVN.

“It means that the statute has been declared unconstitutional in its entirety, at least in the 6th Circuit. This is the result we’ve all been aiming for; it’s a monumental victory. We’ve been fighting this battle for twelve long years, and this is the third time I argued the case on the 6th Circuit. Finally, we got a court to agree with us.”

Connection publishes approximately a dozen swinger’s magazines with personal ads containing sexually explicit photographs. Connection originally filed suit against the government in September 1995, challenging the constitutionality of the 2257 statute on First Amendment grounds. Following a long, drawn-out series of appeals, today’s ruling firmly decides the case in Connection’s favor.
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The court’s 27-page opinion concludes: “We conclude that the statute is overbroad and therefore violates the First Amendment, and accordingly we reverse the district court’s judgment and remand with instructions to enter summary judgment for the plaintiffs.”

Murray praised Connection publisher Rondee Kamins for her persistence in pursuing the case. Kamins was one of three individual plaintiffs represented in the suit. The other two plaintiffs are anonymous individuals who sought to place explicit ads in Connection, arguing that the requirements of 2257 law compromised their privacy and freedom of expression.

“Rondee Kaimins has fought this battle for twelve years, and she is a hero for what she has done in that long, long fight; she never gave up,” Murray said. “This was our third trip to the US Court of Appeals for the 6th Circuit and Rondee Kamins is owed an enormous debt of gratitude from the entire industry for this hard-fought battle she waged over these many years.”

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