Invalidating connection 9 rules to dating my daughter
The court noted that the claim was not fit for decision, as the government had not attempted to inspect any of Connection's records so far.
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The court disagreed, stating that the law was content-neutral, and therefore was subject to intermediate scrutiny, and not the more rigorous strict scrutiny, in deciding whether the statute violated the First Amendment.
The court made this decision on the basis that the law addressed underage pornography issues, which were "secondary effects" of the expression, and did not address the effect of its content on its audience.
It rejected Connection's claim that the requirements placed barriers on the advertisers' interests in engaging in anonymous speech, stating that the claim was not credible, as Connection already required advertisers to submit their names, addresses, and phone numbers when placing an ad.
When Connection remarked that Section 2257 made the information available to the government upon request, the court replied that "[the advertisers] have no more to complain about than every taxpayer in the country." In dissent, Judge Karen Nelson Moore maintained that strict scrutiny should govern the as-applied challenge.
Having determined that intermediate scrutiny applied in this challenge, the court then found that Section 2257 survived scrutiny, arguing that protecting children is a substantial government interest, and that universal age-verification is a reasonably tailored measure for many reasons.However, research showed that these two measures did not effectively protect children mainly because the industry's inclination to use youthful-looking actresses, which made it difficult to find out whether children were used in obscene publications or movies. The district court denied the preliminary injunction and granted summary judgment to the government. Keisler, the judges found that the record-keeping requirements of Section 2257 were overly broad and therefore violated the First Amendment.Therefore, in 1988, the Congress enacted the Child Protection and Obscenity Enforcement Act. At the panel stage of the case, in Connection Distrib. In the overbreadth issue it raised, the panel observed that the statute seemed to apply to private couples who create and keep sexually explicit images in their homes.Danny Julian Boggs, Cornelia Groefsema Kennedy, Boyce F. Batchelder, Martha Craig Daughtrey, Karen Nelson Moore, R. Clay, Ronald Lee Gilman, Julia Smith Gibbons, John M. Cook, David Mc Keague, Richard Allen Griffin, Raymond Kethledge, and Helene White is a case in which the United States Court of Appeals for the Sixth Circuit held that the record-keeping provisions of the Child Protection and Obscenity Enforcement Act did not violate the First Amendment.
Section 2257 of the Child Protection and Obscenity Enforcement Act requires those who create sexually explicit materials to maintain records of their model's age and identities, as a measure against child pornography.
First, it proscribed all pornography, whether or not it involved children. A panel of the Sixth Circuit reversed and remanded the case such that it could be reconsidered in light of recent Supreme Court precedents.