United States Third Circuit

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Free Speech Coalition v. Attorney General of the US, 13-3681

In a case regarding the Child Online Protection Act and its recordkeeping, labeling, and inspection requirements in 18 U.S.C. sections 2257 and 2257A and accompanying regulations, 28 C.F.R. sections 75.1-75.9, the district court's judgment is: 1) affirmed in part and vacated in part because the administrative search regime imposed by regulation violates the Fourth Amendment as applied to plaintiffs; 2) affirmed as to the holding that the statutes do not violate the First Amendment; and 3) remanded for a determination of whether 28 C.F.R. section 75.5(c)(1)'s additional requirement that producers make their records available for at least twenty hours per week also violates the First Amendment, in light of the conclusion that the Government must obtain a warrant before conducting a search under the statutes.

Appellate Information

  • Decided 05/14/2015
  • Published 05/14/2015

Judges

  • Smith

Court

  • United States Third Circuit

Counsel