FSC, Justice Dept. Face Off Over 2257 in Oral Arguments

PHILADELPHIA — Oral arguments were heard Friday over the government's request to dismiss the Free Speech Coalition's suit, with the federal judge in the case expected to rule on the motion after both parties file supplemental briefs.

Meanwhile, 23 members of U.S. Congress have lined up with the American Center for Law and Justice as it sides with the federal government's contention that 18 U.S.C. § § 2257 and 2257A regulations are constitutional. The congressmen and law group have filed proposed amicus briefs to the court.

U.S. District Judge Michael Baylson, who heard more than two-and-a-half hours of oral arguments from both sides, said that he might be skeptical of overturning an entire statute based on speculation.

"Why shouldn't a ruling on [2257] await an actual search and demand to see if it offends the 1st Amendment, due process and the 4th Amendment?" Baylson asked. "The concept of requiring the records does not seem to be unconstitutional."

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 2257 and 2257A regulations are unconstitutional, as well as an unfair burden placed to producers to comply with the regulations. None of the plaintiffs, however, have been asked to reveal 2257 records to federal agents.

In oral arguments, FSC attorney Michael Murray said that 2257 regulations are not just intrusive to commercial pornographers but to journalists, artist and private citizens, as well.

"The problem [with 2257] is that it is over-inclusive, over-broad and not narrowly tailored because it applies to vast quantities of protected material that is for adults and not child porn," Murray said.

"You cannot conceive a set of facts in which an inspection they would conduct would be an investigation that would not violate the 4th Amendment," he said. "The government is shifting burdens to innocent Americans to prove their material is protected when it is the government that should bear the burden."

FSC Executive Director Diane Duke told XBIZ on Monday that while the oral arguments were lengthy, "I understand we did a great job at addressing the judge’s questions. Now we wait."

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.

So far the ACLU and the Electronic Frontier Foundation also have joined forces with the FSC as friends of the court.

Last week, the American Center for Law and Justice joined as friends of the court for the government. The 23 congressmen joining the organization, all members of the U.S. House of Representatives, include Thaddeus McCotter, Todd Akin, Rob Bishop, Dan Burton, Jason Chaffetz, Michael Conaway, John Fleming, Randy Forbes, Phil Gingrey, Louie Gohmert, Bob Inglis, Steve King, Robert Latta, Don Manzullo, Kenny Marchant, Jerry Moran, Mike Pence, Joe Pitts, Bill Posey, Tom Rooney, Jean Schmidt, John Shimkus and Todd Tiahrt.

The American Center for Law and Justice was founded in 1990 by evangelical Pat Robertson as a nonprofit public interest law firm.

Baylson, who said "there's a lot of work to do" in the case and that he hasn't made up his mind over the issues, told the parties he'd respond to the government's motion after both sides send over supplemental briefs, which are due in 10 days for the FSC. The government will supply their briefs 10 days after the FSC makes their filing.

Each brief must be no longer than 10 pages, Baylson ordered.

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

Penthouse Names Ccinnamon as July's 'Pet of the Month'

Penthouse Magazine has named Ccinnamon as Pet of the Month for July.

Peter Hooke Launches New Paysite

Peter Hooke has launched an official website through PAYSITE.

Blake Blossom Rolls Into the July Issue of X3 Magazine

Award-winning star Blake Blossom sparkles on the cover of the July issue of X3 magazine, the premier publication capturing the real personalities, passions, and stories behind top creators and performers.

Hazel Heart Makes Her Blacked Debut

Hazel Heart has made her debut for Vixen Media Group studio imprint Blacked, alongside Jason Luv.

Munro Blaxxx Performs Her 1st Anal for West Coast Productions

Munro Blaxxx has performed her first anal scene in the latest release from West Coast Productions (WCP).

Lilly Bell Leads Latest From Evil Angel

Multi-XMAs winner Lilly Bell stars with Olivia Would in the latest release from Evil Angel’s “Pansexual X” series, directed by Aiden Starr.

On the Set: Sid Knox Raises Hell With 'The Devil in Her'

Director Sid Knox is sprawled across the floor as Octavia Red kicks him in the stomach.

Andi Avalon, Summer Kline Front Latest Release From FreeUse

Andi Avalon and Summer Kline star with Arin Jones in the latest POV release from FreeUse.

Zariah Aura, Eva Maxim Star in Latest From TransSensual

Zariah Aura and Eva Maxim star with Baxxx in the latest release from Mile High Media studio imprint TransSensual, titled "Army Brat Threesome."

Jazmin Black Makes Her Adult Time Debut

Jazmin Black has made her Adult Time debut alongside Jason Sarcinelli in the latest release from studio imprint Pure Taboo, titled “A Taste For Older Men.”

Show More