FSC Says Pence Bill May Strengthen Case Against 2257

CANOGA PARK, Calif. — Legislation proposed this week by Rep Mike Pence, R-Ind., in a bid to beef up the U.S. Justice Department’s 2257 record-keeping regulations may actually strengthen the Free Speech Coalition’s current legal challenge to 2257, according to First Amendment Attorney Jeffrey Douglas.

Regarding the potential impact H.R. 3726, “Child Pornography Prevention Act of 2005,” might have on Free Speech Coalition vs. Alberto Gonzales, FSC Board Chair Douglas said, “If this horrific bill were to become law in its current form, it would change some of our arguments, indeed strengthening several.”

However, Douglas added, “For the purposes of the awaited ruling on our preliminary injunction request, it should have no effect whatsoever.”

Among other provisions, the bill targets adult citizens who record visual images of consensual sexual activity in the privacy of their own homes, adds nudity and clothed images of pubic areas to the definition of “explicit sexual activity” as defined in U.S.C. 18 § 2256, and criminalizes the production and distribution of R-rated mainstream motion pictures that fail to comply with the record creation and notice provisions of 2257, according to the FSC.

As reported by XBiz, the bill was introduced by Pence on Monday, and attached Wednesday afternoon to another bill, H.R. 3132, The Child Safety Act of 2005, with the blessing of that bill’s co-sponsor, Rep. James Sensenbrenner, R-Wis. The bill was added with no debate.

Sensenbrenner’s bill was passed by the full House the same afternoon in a 371-52 vote and now moves to the Senate Judiciary Committee for consideration.

FSC attorneys and Legislative Affairs Director Kat Sunlove are preparing a complete analysis of H.R. 3726, which will be posted on the organization’s website as soon as it is completed.

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

FSC Recommends Platforms Integrate StopNCII.org Tool

In a blog post, Free Speech Coalition (FSC) has recommended that platforms integrate the StopNCII.org tool to prevent the sharing of non-consensual intimate imagery (NCII).

Calita Fire Toplines 'Swingers Resort' From Private

Calita First headlines the latest release from Private, titled “Swingers Resort.”

Octavia Red, Vince Karter Star in Latest From Elegant Angel

Recent XMA winners Octavia Red and Vince Karter star in the latest release from Elegant Angel, titled "Octavia Red Demure in Paris."

Ricky Johnson on Building His Enterprise One Sleepless Night at a Time

Ricky Johnson is always in motion. Even as he takes time out of his busy shooting schedule to chat with XBIZ, there’s restless energy behind the calm. This makes it easy to envision a younger version of Johnson, back when he arrived on the adult scene with no connections — but a great deal of persistence.

Ameena Green on Delayed Gratification and Finding her 'Synthesis' Moment

In an industry that sometimes moves at breakneck speed, Ameena Green is taking it slow.

Utah 'Porn Tax' Bill With VPN Provisions Passes State Senate

The Utah state Senate has passed a bill that would impose a 2% tax on the revenues of adult websites doing business in that state, and make sites liable if Utah minors use VPNs to circumvent geolocation.

FreeUse to Drop New Limited Series 'The Seed Act'

FreeUse will premiere a three-part limited series on Thursday, titled “The Seed Act.”

Sadie Summers, Yhivi Star in Latest From Spankbang Gold

Sadie Summers and Yhivi star in the latest release from Spankbang Gold, titled "Inside: The Coopers — A Free Use Story."

Jim Powers on Shooting Fast, Staying Weird and Never Phoning It In

The Santa Ana winds are blowing as we drive through the gate of Tommy’s Funhouse, the legendary mountaintop porn house in Newbury Park, California. Inside, we find director Jim Powers in the middle of a typical shoot day.

Fast-Tracked Arizona Bill Includes Consent 'Catch-22' for Adult Sites

A bill advancing rapidly through the Arizona state legislature would impose new requirements for adult content uploaded online, including seemingly contradictory provisions that could effectively make it impossible for adult sites to operate in the state.

Show More