FSC Attorneys File a Rule 59(e) in 2257 Case

PHILADELPHIA, Penn. – Attorneys today for Free Speech Coalition (FSC) filed a Rule 59(e) motion for reconsideration for a new trial in FSC’s 18 U.S.C. § § 2257 and 2257A lawsuit, in the United States District Court for the Eastern District of Pennsylvania.

The trial was dismissed at the end of July by Federal District Court Judge Michael M. Baylson.

FSC filed the Rule 59(e) because they believe that Judge Baylson failed to address the key constitutional question in the case.

The key point in the filing and the issue FSC believes Judge Baylson overlooked is: “Under the First Amendment, no record keeping requirement derived from the Government’s interest in suppressing child pornography may substantially burden the circulation of expression which is not child pornography.”

The motion was filed by FSC attorneys Michael Murray and Lorraine Baumgardner with the expert assistance of attorney Reed Lee, FSC Board Member and Legal Committee Chair.

“We are looking for this motion to pinpoint the focus to the critical points of the litigation,” Lee said.

A motion to alter or amend a judgment must be filed no later than 28 days after the entry of the judgment. The government then has 14 days to reply to the motion.

___

The Free Speech Coalition is the national trade organization to the adult entertainment industry. Its mission is to lead, protect and support the growth and well-being of the adult entertainment community.