A press release issued by the FSC characterized their outlook as “cautiously optimistic.” FSC Board Chair and criminal defense attorney Jeffrey Douglas characterized the hearing as “a significant milestone in the FSC challenge to this unlawful attempt by the government to chill protected speech… we have every hope to believe that, at the very least, the secondary producer provisions of the 2257 regulations will be enjoined by Judge Miller, and at best, that we will succeed in obtaining an injunction of the entire regulatory scheme.”
Piccionelli cautioned against hopes for a quick resolution of the issue, pointing out that the decision is going to be controversial, and likely to be appealed, regardless of which party prevails in this phase. “If we get what we want, the government will certainly appeal, and if the government gets what they want, we will certainly appeal.”
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