PHILADELPHIA — After hearing more than two-and-a-half hours of oral arguments Friday on whether the Free Speech Coalition’s 2257 records lawsuit questioning constitutionality should be dismissed, U.S. District Judge Michael Baylson [pictured] said that a ruling should wait an actual search and demand before determining whether it offends the 1st Amendment, due process and the 4th Amendment.
Baylson’s currently of the opinion that the concept of requiring records doesn’t seem unconstitutional. The FSC, on the other hand, in their lawsuit filed last year maintains that the regulations are intrusive to commercial photographers, journalists and private citizens.
Meanwhile, according to a story reported on www.xbiz.com, 23 U.S. congressmen have lined up with the American Center for Law and Justice as it sides with the federal government’s contention that 18 U.S.C. § § 2257 and 2257A regulations are constitutional. The congressmen and law group have filed proposed amicus briefs to the court.
Judge Baylson who said he hasn’t made his mind up regarding the case is expected to rule on the motion after both parties file supplemental briefs which are due in 10 days for the FSC and 20 for the government.