Free Speech Coalition v. Holder
EFF has filed a friend-of-the-court brief urging a federal court judge to block two criminal statutes that unconstitutionally limit the free expression of millions of adults who use the Internet and other electronic forms of communication bringing the threat of criminal sanctions for private lawful speech.
At issue are provisions of federal law that require anyone who produces a visual depiction of sexually explicit expression to maintain extensive records -- including copies of drivers' licenses the dates and times images were taken and all URLs where images were posted -- and often force public disclosure of a creator's home address. Even more troubling the regulations allow law enforcement warrantless entry into homes or offices in order to inspect the records that are supposed to be kept. While these statutes regulate the commercial pornography industry they also likely apply to a staggering number of Americans who create and share images of themselves over social networks online dating services personal erotic websites and text messaging.