Modern sexual habits—such as sexting, for example—may cause a constitutional problem for broad federal statutes aimed at stopping child pornography, but the group of professional pornography producers who are challenging the laws might not be the right plaintiffs to prove that problem.
A group of artists and movie makers, led by the trade association for the adult film industry, the Free Speech Coalition, had challenged 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. They lost after an eight-day bench trial in the Eastern District of Pennsylvania, where the judge held that the government’s legitimate interest in stopping child pornography trumps the burden imposed on the makers of pornography.
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