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 © 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

Leilani Li Fronts Latest From Brazzers

Leilani Li stars with Jayden Marcos in the latest release from Brazzers, titled "Soap Her Up & Spread That Ass."

BranditScan Launches '25 Days of Christmas' Promo

BranditScan has launched its 25 Days of Christmas promotion.

MelRose Michaels Named Host of Online Industry Edition of XBIZ Honors

Performer and entrepreneur MelRose Michaels will MC the online edition of the 2026 XBIZ Honors, set for Wednesday, Jan. 14, at the Kimpton Everly Hotel in Hollywood.

Irish Regulator: EU States to Ramp Up AV Enforcement for Smaller Sites

A representative of Irish media regulator Coimisiún na Meán told legislators that Ireland and other EU states are preparing to expand enforcement of age verification regulations to include smaller adult sites, British newspaper The Times is reporting.

Hailey Rose Stars in Elegant Angel's New Feature 'Gamer Girls Behaving Badly'

Multi-XMAs winner Hailey Rose stars in the new feature from Elegant Angel, titled “Gamer Girls Behaving Badly.”

Brazzers Premieres Limited Comedy Series 'Glory House'

Cubbi Thompson, Kira Noir, Isa Bella, and Luna Star lead the latest release from Brazzers, titled "Glory House."

Lilly Bell, Charlie Forde Star in Latest 'UpClose VR' From Adult Time

Reigning Girl/Girl Performer of the Year Lilly Bell and Charlie Forde star with Isiah Maxwell in the latest episode of Adult Time series "UpClose VR."

Krystal Sparks Leads Latest From MYLF

Krystal Sparks stars with Mike Mancini in the latest release from MYLF, titled “A Good Tradwife Always Drains Her Husband’s Balls Dry.”

Anissa Kate, Katie Kush Topline Latest 'Lesbian Anal' From Sweetheart Video

Anissa Kate and Katie Kush headline "Lesbian Anal 8," from Mile High Media studio imprint Sweetheart Video.

Evil Angel Drops Angelo Godshack's 'Squirting Wars'

Evil Angel has released director Angelo Godshack’s “Squirting Wars.”

Show More