Judge Oks Law Requiring Pornographers to Keep Age Records
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PAGE 7: YOUNG LAWYER THE OLDEST LAW JOURNAL IN THE UNITED STATES 1843-2010 PHILADELPHIA, THURSDAY, JULY 29, 2010 VOL 242 • NO. 20 $5.00 Judge OKs Law Requiring Pornographers to Keep Age Records concluded that the law Coalition, which acts as the trade associa- Murray, in an interview, said he was “dis- Baylson Says Statute was narrowly tailored tion for the adult entertainment industry; a appointed by the ruling, but not discouraged,” to combat child por- pornography studio; an adult performer; a and that he is “very confident” that Baylson’s Tailored to Fight nography and that any journalist who covers the adult industry; com- ruling will be reversed on appeal. constitutional chal- mercial photographers; a sexologist; a sexual One of Baylson’s key errors, Murray said, Child Exploitation lenge should be ana- health clinic; and the American Society of was failing to recognize that the law “plainly lyzed under an “inter- Media Photographers. applies to millions of ordinary Americans who mediate scrutiny” test Under the law, producers of certain visual post on social networking sites” and could BY SHANNON P. DUFFY rather than strict scru- depictions of actual or simulated sexually now be prosecuted for failing to keep exten- U.S. Courthouse Correspondent tiny because the law is explicit conduct must create and maintain re- sive records of their own age and identity. BAYLSON “content-neutral.” cords regarding the ages and identities of the Supporting the plaintiffs were a pair federal judge has refused to strike In doing so, Baylson rejected the plaintiffs’ performers appearing in the depictions; must of amicus briefs from the American Civil down recent amendments to the fed- claim that the record-keeping requirements affix labels to the depictions indicating where Liberties Union and the Electronic Frontier Aeral Child Protection and Obscenity are overbroad because they apply to “all the records are located; and must permit pe- Foundation. Enforcement Act that require photographers expression containing sexual imagery — no riodic inspection of the records by authorized A third amicus brief supporting the law and filmmakers — both professional and matter how fleeting, no matter how artistic government officials. was filed by 23 members of Congress and the amateur — to maintain records that verify the or valuable as political commentary or jour- The plaintiffs are represented by J. Michael American Center for Law and Justice. age and identity of anyone depicted in a sexu- nalistic documentary, no matter how clear it Murray and Lorraine R. Baumgardner of Baylson granted the Justice Department’s ally explicit film or photograph. is that the persons depicted are middle-aged Berkman Gordon Murray & DeVan in motion to dismiss the suit and, in doing so, In his 112-page opinion in Free Speech adults.” Cleveland along with Kevin E. Raphael and said he rejected the plaintiffs’ claim that Coalition Inc. v. Holder, U.S. District The law was challenged by a broad coali- J. Peter Shindel Jr. of Pietragallo Gordon the law is overbroad because of its failure Judge Michael M. Baylson in Philadelphia tion of plaintiffs, including the Free Speech Alfano Bosick & Raspanti in Philadelphia. Records continues on 9 Superior Court Hears 67 Beryllium Mass Tort Cases INSIDE THE LEGAL BY AMARIS ELLIOTT-ENGEL their exposure to emissions of the metal be- in Pennsylvania.” www.thelegalintelligencer.com Of the Legal Staff ryllium from a plant outside Reading, Berks Honik pointed Judge John L. Musmanno County, either entitles them to damages for and Senior Judges Robert A. Freedberg and In the wake of a Pennsylvania Supreme their personal injury claims or entitles them James J. Fitzgerald III to a state Supreme Experts & Services Court ruling that asbestos plaintiffs can sur- to medical monitoring. Court decision from last week. The state 1 1 vive summary judgment even though their Another key issue in the 67 beryllium Supreme Court ruled 5-1 in Summers v. illnesses also could be attributable to other appeals is whether the burden of obtaining Certainteed Corp. and Nybeck v. Union Classified causes, plaintiffs alleging injuries from their medical testing that would identify sensitiv- Carbide Corp. that two plaintiffs alleging 12 exposure to emissions of a toxic metal ar- ity to beryllium should fall on the prospec- that exposure to asbestos caused their ill- gued in the state Superior Court that they tive plaintiffs or on the defendants. nesses cannot have their cases dismissed Public Notices should not have to rule out other possible On the issue of causation in Harris v. on summary judgment simply because the 1 3 causes of their medical conditions in order NGK North America Inc., and three other plaintiffs’ doctor opined that their illnesses to move past summary judgment. cases, plaintiffs’ counsel Ruben Honik of are attributable both to exposure to asbestos Legal Listings The Superior Court heard extended ar- Golomb & Honik in Philadelphia said that and to smoking. The Supreme Court explic- 1 4 guments Wednesday over 67 Philadelphia some of his clients have been “held to a itly overruled Quate v. American Standard mass tort cases in which the plaintiffs allege causation standard that is not the standard Beryllium continues on 10 Postal ID on Page 8 2 • THE LEGAL INTELLIGENCER THURSDAY, JULY 29, 2010 VOL P. 4394 PEOPLE IN THE NEwS ADDITIONS College. Founded in titled “Recent Developments in New Jersey law decisions during the past year from the 1948 by the Sisters Law: 2010.” 3rd U.S. Circuit Court of Appeals and the of Mercy, the col- The seminar is presented by the New U.S. Supreme Court and how the decisions lege educates almost Jersey Institute for Continuing Legal may affect attorneys who deal with such is- 3,000 graduate and Education, from 9 a.m. to 3 p.m. Aug. 11, sues on behalf of the city. undergraduate stu- at One Constitution Square, New Brunswick, dents a year. N.J. Galante is a mem- For more information or to register, visit ON THE WEB ber of Stradley the NJICLE website at www.njicle.com/sem- In response to a Quick Poll question, “Has Ronon’s business inar.aspx?sid=1091 or call 732-214-8500. one-on-one business development taken department and rep- GALANTE precedence over traditional marketing FITZGERALD DANO resents community banks. She handles Michael D. Homans, a shareholder in and advertising in your practice?” about all aspects of bank regulatory and fi nance Flaster Greenberg’s labor and employment 59 percent of respondents said yes and 39 Brian R. Fitzgerald and Jerome J. Dano work. practice group, was a presenter on develop- percent said no. have joined Klehr Harrison Harvey ments in employment law at the City of Subscribers can visit The Legal Branzburg. Steven Berk, a part- Philadelphia Law Department CLE course Intelligencer’s website at www.thelegalin- Dano serves as counsel in the real estate ner with Segal Berk on July 28. telligencer.com to participate or view other and fi nance department. His practice fo- Gaines & Liss, was Homans discussed leading employment poll questions and results. • cuses on representing lenders, developers elected to his sec- and investors in commercial real estate ond term as chair- transactions. man of the Albert Fitzgerald works as an associate in the Einstein Healthcare All potential items for People in the News litigation department. He concentrates his Services board of practice in complex commercial and other trustees. should be addressed to Stephanie Baum at civil litigation matters for both large public Berk is based in the companies and small closely held concerns firm’s Philadelphia BERK The Legal Intelligencer, and their principals. offi ce. 1617 JFK Boulevard, Suite 1750, Phila., PA 19103 ELECTED AND APPOINTED SPEAKERS Linda Ann Galante, a partner with Stradley Anthony R. 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