Pornography Regulations Regarding Minors Subject to Strict Scrutiny

Recordkeeping regulations on adult film producers aimed at preventing child pornography are subject to the First Amendment, requiring their reviewing standard to be strict scrutiny

Free Speech Coal., Inc. v. Att'y Gen., 2016 BL 182465, 3d Cir., No. 13-3681, 6/8/16.

   The Third Circuit found that regulations aimed at preventing child pornography levied on adult film producers require strict scrutiny to analyze their constitutionality. On remand, the district court must determine whether the regulations are narrowly tailored to further a compelling state interest.

    Originally, these regulations were upheld by the circuit court using intermediate scrutiny as the standard they applied. The reviewing standard changed, however, after the Supreme Court’s decision in Reed and City of Los Angeles v. Patel, which required that strict scrutiny be used on similar regulations because they were “content based” and not content-neutral. 

http://www.bloomberglaw.com/public/document/Free_Speech_Coalition_Inc_v_Atty_Gen_No_133681_2016_BL_182465_3d_.