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FREE SPEECH COALITION, INC. v. ATTORNEY GENERAL US

Nos. 18-3188 & 18-3189.

974 F.3d 408 (2020)

FREE SPEECH COALITION, INC.; American Society of Media Photographers, Inc.; Thomas Hymes; Townsend Enterprises, Inc., DBA Sinclair Institute; Barbara Alper; Carol Queen; Barbara Nitke; David Steinberg; Marie L. Levine, a/k/a Nina Hartley; Dave Levingston; Betty Dodson; Carlin Ross, Appellants in No. 18-3189 v. ATTORNEY GENERAL UNITED STATES of America, Appellant in No. 18-3188.

United States Court of Appeals, Third Circuit.

Opinion Filed: September 1, 2020.

Attorney(s) appearing for the Case

Scott R. McIntosh , United States Department of Justice, Civil Division, Room 7259, 950 Pennsylvania Avenue, N.W., Washington, DC 20530, Anne Murphy [ARGUED], United States Department of Justice, Appellate Section, Room 7644, 950 Pennsylvania Avenue, N.W., Washington, DC 20004, Counsel for Appellant in No. 18-3188.

Lorraine R. Baumgardner , J. Michael Murray [ARGUED], Berkman Gordon Murray & DeVan, 55 Public Square, Suite 2200, Cleveland, OH 44113, Counsel for Appellants in No. 18-3189.

Before: CHAGARES, JORDAN, and RESTREPO, Circuit Judges.

OPINION OF THE COURT

Producers of pornography oftentimes depict young-looking performers who appear as if they could be children but might, in fact, be adults. In that circumstance, producers and law enforcement alike cannot know, absent proof of performers' ages, whether these sexually explicit scenes involve...

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