A challenge to amendments in federal law that requires anyone who posts sexual imagery to keep records of models, broadly known as "2257 record keeping requirements," was struck down by US District Judge Michael M. Baylson this week. The challenge was brought to court by The Free Speech Coalition and backed by the ACLU, the EFF, and the American Center for Law and Justice, who complained that millions of Americans who behave flirtatiously on social networking cites "could now be prosecuted for failing to keep extensive records of their own age and identity." The plaintiffs argued that "consenting adults have the right to engage in such sexually explicit expression…and the law would chill that speech," Shannon P. Duffy reports.
In defense of the statute, Judge Baylson "said the government has promised that it will not target such expression and must be taken at its word." The plaintiffs are not so confident the government should be so trusted.