U.S. Seeks to Have FSC's 2257 Suit Dismissed

PHILADELPHIA — Calling challenges to revised record-keeping rules "fruitless," government attorneys asked a federal court this week to dismiss the Free Speech Coalition's suit.

The FSC and 14 other plaintiffs claim in a suit filed last year against the government at U.S. District Court in Philadelphia that the revised 18 U.S.C. § § 2257 and 2257A regulations are unconstitutional, as well as an unfair burden placed to producers to comply with the regulations.

FSC Executive Director Diane Duke told XBIZ on Wednesday that the government's reply on an FSC motion to continue the case was expected.

"We will have an opportunity to go before the court in March," she said. "We have a solid case and are extremely hopeful."

So far, the suit has gained the attention of other groups defending free speech, including the ACLU and the Electronic Frontier Foundation, which both will present amicus briefs in the case.

Among other challenges to the FSC's suit, government attorneys this week said that placing burdens on producers for age-verification requirements "is a form of speech that receives no 1st Amendment protection at all" and that it is a "fact that producers remain free to create, publish, or distribute any images of adults engaged in sexual conduct as long as they adhere to the statutory and regulatory scheme designed to ensure that these performers are adults."

"Rather than offering a plausible challenge to these requirements, plaintiffs primarily rely on the notion that the government must come forward with new evidence to support requirements that were enacted over two decades ago," government attorneys wrote.

Government attorneys also honed in on the FSC's 4th Amendment challenge, over the fact that some plaintiffs operate businesses out of their homes and that records inspections would be burdensome.

"Because plaintiffs do not claim that any inspection has yet occurred, they are limited to a facial 4th Amendment challenge, and their imagined perception of how such inspections might be implemented in their individual circumstances cannot properly be part of the analysis," government attorneys wrote.

"Plaintiffs cannot claim a reasonable expectation of privacy in these records. Government inspection of these records therefore does not qualify as a 'search' subject to 4th Amendment challenge."

With this week's request, the U.S. has asked the court to dismiss the FSC's claim in the suit, as well as for a dismissal of its motion for preliminary injunction over 2257.

Besides the FSC, the plaintiffs attached to the suit include the American Society of Media Photographers, which represents 7,000 members; Barbara Nitke, a teacher at the School of Visual Arts in New York and a commercial photographer; David Steinberg, a photographer and writer of sexual issues; Nina Hartley, a performer and website owner; and Michael Barone, a photographer.

The plaintiffs list also includes Dave Cummings, an adult industry performer who owns numerous websites; Tom Hymes, an adult industry journalist who runs a website; Sinclair Institute, which operates sexual health clinics; gay porn studio Channel 1 Releasing; Barbara Alper, a photographer; Carol Queen, a sexologist and feminist sex educator; Dave Levingston, a photographer; and Betty Dodson and Carlin Ross, who co-host a website.

Related:  

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

Aylo Moves to Settle Two 'Children of Pornhub' Class-Action Lawsuits

Aylo has agreed to terms for a settlement with the plaintiffs in two long-running class actions over allegations that former Pornhub parent company MindGeek knowingly allowed and profited from CSAM on its sites.

Ophelia Fae, Ameena Green Take a Bow at Screening of Casey Calvert's 'Straight Girls'

Casey Calvert returned to Elysian Theater in Los Angeles on Thursday night for an intimate screening of her new Adult Time/Girlsway feature "Straight Girls," which just so happens to have been filmed on that very stage.

Busty Anabel Makes Studio Debut, Performs Her 1st DVP for Immoral Productions

Busty Anabel has made her studio debut and performed her first DVP alongside Matt Bird, Jacob Coldwater, and studio honcho “Porno Dan” Leal in the latest trilogy from Immoral Productions.

Kira Noir Leads Latest From Brazzers

Kira Noir stars with Eddie Jaye in the studio's latest release, titled “Couples Massage Getaway.”

Tigerlilly Launches 'SugarCoatedSweethearts' Through PAYSITE

Tigerlilly has launched SugarCoatedSweethearts.com through PAYSITE.

Gender X Debuts Jim Powers' Limited Series 'Trans Deliveries'

Gender X Films has debuted the first installment of director Jim Powers’ limited series "Trans Deliveries."

Lo Lacey Makes Her WIFEY Debut

Lo Lacey has made her debut for Vixen Media Group studio imprint WIFEY alongside her husband Nathan, Dan Damage, and Goldey.

Gigi Dior Toplines Latest 'MILF Anal' From Doghouse Digital

Gigi Dior headlines the second volume of “MILF Anal” from Mile High Media studio imprint Doghouse Digital.

ASACP Marks 30-Year Anniversary

ASACP is celebrating 30 years of operation, during which it has received over 1.3 million reports from web admins and the public about suspected child pornography.

Tiffani Time Fronts Latest From Kink.com

Tiffani Time stars with Arin Jones in the latest release from Kink.com’s “Edged and Bound” series, titled “Dom Surrenders and Submits.”

Show More