well... technically yes. On 6/23/05, many sites took down their explicit banners and replaced them with nonexplicit ones for that specific reason. That's also one of the reasons we started offering hosted galleries.
The FSC injunction does theoretically protect secondary producers from enforcement on the secondary producer issue, but 2257A/4472 is among other things an attempt to invalidate the injunction. FSC says it still has many arguments against the newest regs, but they haven't gone after an injunction yet.