U.S. Supreme Court Rejects 2257 Challenge

WASHINGTON — Without comment, the U.S. Supreme Court on Monday denied a challenge to 18 U.S.C. § 2257, the federal recordkeeping and labeling law for the adult entertainment industry.

The 14-year-old case weighed by the court, Connection Distributing Co. vs. Holder, involved the ability of a publishing company to post sexually explicit photos of swingers to accompany advertisements seeking like-minded adults.

But on Monday, the justices’ refused to reconsider a ruling by the 6th U.S. Circuit Court of Appeals, which reaffirmed the legality of 2257.

The justices’ denial is a big defeat for the Free Speech Coalition, which tapped attorney J. Michael Murray and the Cleveland-based law firm of Berkman, Gordon, Murray and DeVan to move forward with litigation earlier this year.

FSC attorneys argued that 2257 is overly broad because it requires age verification for older adults and because it applies to couples in their own homes.

Diane Duke, executive director of the FSC, told XBIZ that she was disappointed that the Supreme Court didn’t grant cert.

“2257 does nothing to stop child pornography; it does nothing more than overburden legal adult businesses,” she said. “It is outrageous it is unconstitutional and we are going to continue the fight.

“FSC is prepared to continue the fight challenging the new regulations and broadening the plaintiff base,” she said.

The government, in a brief to the court, argued that the 6th Circuit correctly held that 2257 is constitutional as applied to the Connections case.

“Not only is there no conflict among the courts of appeals on this issue, but as the [6th Circuit] en banc court recognized, Section 2257 ‘has withstood every as-applied 1st Amendment challenge to the law by the real people and businesses to whom it most naturally has been applied over the last 20 years,’” said the brief, noting that the record-keeping statute is content-neutral because it is justified without reference to the content of the regulated speech.

Government attorneys also argued that 2257 doesn’t necessarily ban sexually explicit images.

“As long as producers of sexually explicit depictions comply with the statute's recordkeeping and disclosure provisions, they are free to express any message they want,” the brief said. “Section 2257 regulates only the manner in which the images are produced, to combat the use of underage performers.”

On Monday, the justices agreed with the government in Connections vs. Holder, 08-1449.

Related:  

Copyright © 2025 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

Digital Playground Drops Finale of Action Feature 'Deadly Vows'

Ryan Reid stars in the final installment of Digital Playground’s action feature “Deadly Vows.”

Ricky's Room Drops 3rd Installment of Roxie Sinner Showcase

Ricky’s Room has released the third installment of its Roxie Sinner showcase, titled "Roxie In Rotation."

Maitland Ward Featured in A&E's Docuseries 'Secrets of Celebrity Sex Tapes'

Multi-XMAs winner Maitland Ward is featured in the A&E documentary series "Secrets of Celebrity Sex Tapes."

Andi Avalon Stars in Latest From TeamSkeet

Andi Avalon stars with Scarlet Skies and Mike Mancini in a new scene for TeamSkeet’s “Shoplyfter” series, titled “Case No. 8004034 — Guards Need to Cool Off Too.”

Sarah Arabic Performs Her 1st Anal for Brazzers

Sarah Arabic performs her first anal scene alongside multi-XMAs winner Mick Blue in the latest Brazzers release.

Evil Angel Drops Angelo Godshack's 'Hardcore Gangbangs 5'

Evil Angel has released director Angelo Godshack’s “Hardcore Gangbangs 5.”

Arcom to Expand AV Enforcement to Smaller Adult Sites

The president of French media regulator Arcom revealed on Thursday that the agency plans to escalate its enforcement of age verification rules to include smaller adult sites, starting in late 2025 or early 2026.

Getting the Band Together: The All-Star Team Behind 'Once Upon a TS Summer'

“I should have died on impact.” That’s Blake Lovely talking about a Nevada car accident she was in last December. We’re discussing her new feature, “Once Upon a TS Summer,” which premiered Thursday — but Lovely doesn’t just want to talk about the movie itself. She wants to explore the entire process that took her from being a relatively new, rising performer to becoming the driving force behind one of the major trans titles to drop in 2025.

Ariel Demure Stars in Final Installment of GenderX Feature 'Transpirella'

Reigning XMAs Trans Performer of the Year Ariel Demure stars in the final installment of GenderX's "Vampirella” parody "Transpirella,” directed by Jim Powers.

Coco Bae Makes Her Hentaied Debut

Coco Bae has made her Hentaied debut opposite Black Angel for studio brand Freeze in “The Power to Do Anything,” directed by Sofia Lee.

Show More