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Third Circuit Decides Adult Film Industry Challenge to Federal Recordkeeping Laws

By Saranac Hale Spencer

Federal regulations requiring producers of pornographic material to keep records of their models' ages don't violate the First Amendment, but the warrantless searches they authorize violate the Fourth Amendment, the U.S. Court of Appeals for the Third Circuit ruled in Free Speech Coalition Inc. v. Holder, 13-3681.

This is the second ruling from the appeals court on the case brought by a group of artists and movie makers, led by the trade association for the adult film industry, the Free Speech Coalition, challenging two federal statutes that require them to keep records with the ages of their models and actors and be prepared to show the records to the FBI with little notice.

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