Porn Group Can Sue U.S. Over Random Searches
Porn Group Can Sue U.S. Over Random Searches
(CN) - The government must face claims over its allegedly unwarranted inspections of pornographic businesses, placing them "in harm's way day-in and day-out," a federal judge ruled.
Free Speech Coalition (FSC) is a nonprofit trade association for the adult entertainment industry. In a 2009 complaint, the organization took aim at two federal statutes that impose recordkeeping, labeling and inspection requirements on producers of sexually explicit materials. The group said these laws violate the First, Fourth and Fifth Amendments, and are unconstitutionally vague.
After the Eastern District of Pennsylvania dismissed the complaint in its entirety, the 3rd Circuit revived the First and Fourth Amendment claims.
In a June 2012 amended complaint, the coalition added claims that FBI agents entered and inspected the private business premises or homes of several Free Speech Coalition members and other producers, without a warrant or prior notice.
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"Here, the statute authorizes the federal government to conduct warrantless searches of plaintiffs' records during 'regular working hours and at other reasonable times,' thus placing them in harms [sic] way day-in and day-out, all year long," Baylson wrote. "This suffices to establish a likelihood of imminent injury."
http://www.courthousenews.com/2012/12/13/53106.htm
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