CANOGA PARK, Calif. – The Free Speech Coalition has selected attorney J. Michael Murray and the Cleveland-based law firm Berkman, Gordon, Murray and DeVan to move forward with litigation challenging 18 U.S.C. 2257 and the associated regulations revised by the U.S. Department of Justice in December.

18 U.S.C. 2257 is the federal recordkeeping and labeling law that applies to depictions of sexually explicit materials.

Murray and his firm were selected following a two-month-long period during which proposals were accepted and evaluated by the FSC, which is the trade association representing the adult entertainment industry. Firms both familiar and unfamiliar to the adult entertainment industry participated in the process.

“We had an abundance of riches in that all firms that applied were highly competent and impressive,” FSC Executive Director Diane Duke said. “After lengthy and careful evaluation, the committee agreed that Michael Murray and the firm of Berkman, Gordon, Murray and Devan were the right choice.”

The selection committee was composed of several industry leaders and attorneys, including FSC board member and Titan Media attorney Gil Sperlein, Adam & Eve founder Phil Harvey, FSC member and producer Dave Cummings (who was a plaintiff in the recently dismissed Denver 2257 case), D.C.-based Raben Group lobbyist Dave Grimaldi, and FSC President and Everett Group Consulting President Jim Everett. Duke, FSC Chairman Jeffrey Douglas and FSC Legal Committee Chairman Reed Lee served in a non-voting advisory capacity during the selection process.

Murray “has practiced law for more than 32 years with the firm now known as Berkman, Gordon, Murray and DeVan,” according to a biographical sketch he provided to the FSC. “He has been a vigorous advocate for First Amendment rights in the context of adult entertainment as well as in other areas involving free speech rights. In addition to his First Amendment advocacy, his trial experience spans a wide variety of cases including state and federal criminal prosecutions; civil rights actions involving employment discrimination, sexual harassment, and overreaching by law enforcement; personal injury, product liability and medical malpractice suits, and various business litigation matters at the trial and appellate levels.”

Notably, Murray presented a Constitutional challenge to 18 U.S.C. 2257 in the Connection Distributing Co. case, which has been ongoing since 1995 and now is heading for the Supreme Court.

FSC’s Denver 2257 case, Free Speech Coalition et. al. v. Attorney General, recently was dismissed without prejudice in the United States District Court for the District of Colorado, permitting the FSC to pursue further litigation against the federal government in order to challenge the constitutionality of the statute and regulations.

“FSC will keep members and the industry apprised as it moves forward with the new case,” Duke said.