I wish we could start the new year on a brighter note. Unfortunately judge Miller’s ruling, in the Free Speech Coalition v. Gonzales case, creates a dark cloud over the adult industry. Last Wednesday, U.S. District Court judge Walker D. Miller issued a ruling on the FSC’s request for injunctive relief from 18 U.S.C. §2257, the federal Recordkeeping and Labeling Act. Initially viewed as a small victory, subsequent legal review concludes Miller’s ruling delivered a damaging blow to the FSC’s case.

While the judge gave the FSC injunctive relief in a couple of areas, its what he did not give that’s cause for great concern. Miller did not agree with the FSC’s arguments on important points of constitutionality. By doing so, Miller’s opinion is that those sections of the lawsuit are not likely to prevail when the case goes to trial.

Of the small victories gained by the FSC, in Miller’s ruling, the issue over secondary producer was most notable. However, this victory is short lived, as new legislation, expected to pass in 2006, will make his ruling on secondary producers moot. Among other things, the new legislation amends 2257 to make secondary producers abide by the same requirements as primary producers.

I fully expect the FSC, and their First Amendment attorneys, to put a positive spin on all of this. After all, there’s nothing to be gained by sending everyone, in the industry, a serious measure of reality.