A federal judge has refused to strike down recent amendments to the federal Child Protection and Obscenity Enforcement Act that require photographers and filmmakers — both professional and amateur — to maintain records that verify the age and identity of anyone depicted in a sexually explicit film or photograph.
In his 112-page opinion in Free Speech Coalition Inc. v. Holder, U.S. District Judge Michael M. Baylson in Philadelphia concluded that the law was narrowly tailored to combat child pornography and that any constitutional challenge should be analyzed under an “intermediate scrutiny” test rather than strict scrutiny because the law is “content-neutral.”
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