PHILADELPHIA, Pa.—Attorneys today for Free Speech Coalition (FSC) filed a Rule 59(e) motion for reconsideration of FSC’s 18 U.S.C. § § 2257 and 2257A lawsuit, in the United States District Court for the Eastern District of Pennsylvania. The suit was dismissed by U.S. District Judge Michael Baylson on dubious grounds on July 27, and the motion for reconsideration submitted by attorneys J. Michael Murray and Lorraine Baumgardner, with input from FSC board member and constitutional scholar Reed Lee, was filed just under the 28-day time limit for such motions. The government will have 14 days within which to respond.
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.”
“We are looking for this motion to pinpoint the focus to the critical points of the litigation,” Lee said.
Check back with AVN for a more in-depth analysis of the motion.