Home > News > Justice Department Files Motion to Dismiss FSC’s 2257 Case • Bookmark   • Newsletters   • Register Search Options


Justice Department Files Motion to Dismiss FSC’s 2257 Case

Justice Department Files Motion to Dismiss FSC’s 2257 Case
Get XBIZ News
XBIZ Research
Will virtual reality boost the paysite market?
Yes, it will soon
Yes, but in a few years
Out of 179 votes. Results based on votes submitted by members of XBIZ.net social network.
Dec 27, 2005 10:25 AM PST    Text size: 
DENVER, Colo. – The Justice Department has filed a motion to dismiss the Free Speech Coalition’s suit challenging new regulations to 18 U.S.C. § 2257, the federal record-keeping law and labeling requirements for the adult industry.

In related news, a temporary restraining order against enforcement of the revised regulations is set to sunset on Friday. If the FSC is granted an extension of the TRO, it would be the fifth such extension since it challenged the amended rules in June.

Tom Hymes, communications director for the FSC, told XBiz Tuesday that although he hasn’t seen the latest court documents, he wasn’t surprised of the filing. “They want a decision, and so do we,” Hymes said.

The government’s motion, delivered electronically to the court late Thursday, said that the FSC’s 32-count challenge to the amended rules and its implementing regulations should be dismissed through summary judgment.

“Plaintiffs’ claims include a 1st Amendment challenge that two courts of appeals have already rejected, and over 10 unavailing constitutional vagueness claims that feign mystification over the meaning of such terms as ‘homepage,’ “ Justice Department attorneys wrote.

“Further, plaintiffs erroneously assert that a right to privacy in basic driver’s license information of individuals who have sex for money on camera trumps basic protections designed to protect children from sexual exploitation.”

Additionally, Justice Department attorneys refuted that the amended rules relative to inspections violate the 4th Amendment (search and seizure) and 5th Amendment (rights of persons).

“Not content to challenge the regulations as they are, plaintiffs also assail provisions that do not exist and erroneously challenge other regulations as [beyond the power of the federal government],” the Justice Department said.

In the filing, the Justice Department claims that the federal court, which is deciding the case, also lacks jurisdiction to consider many of the claims that they raise, including their claims related to privacy and the 5th Amendment.

“The challenge, at a minimum, is unripe because plaintiffs have not established that any plaintiff’s speech was unduly burdened by this requirement at the time plaintiffs filed their amended complaint,” the Justice Department wrote. “The regulation balances the interests of producers with the [Justice]Department’s interest in requiring the maintenance of records for a period commensurate with the increased child pornography statute of limitations.”

The FSC filed suit in June at U.S. District Court in Denver seeking to enjoin enforcement of 2257’s new rules, which would be certain to put a crimp in business practices for adult websites, producers, retailers, novelty makers and web-based and traditional mail order companies.

The new regulations require producers to keep detailed information to verify the identity and age of their performers, including date of birth, legal name and a copy of a photo identification card.

The new rules apply to adult material dating to July 3, 1995. Violators face up to five years in prison for a first offense and 10 years for subsequent violations.

Plaintiffs to the suit include the Canoga Park, Calif.-based FSC; the FSC's Littleton, Colo., chapter; adult distributor New Beginnings Ltd. of Sylmar, Calif.; and New Beginnings owner Leonard Friedlander, who is one of the founders of the FSC.

Another plaintiff is David Connors of San Diego, owner of about 600 adult sites — including the “OnDemand” series of sites — and producer of 41 adult videos under the Dave Cummings Production label.

The suit by attorneys representing three law firms — Denver-based Schwartz & Goldberg’ Sirkin, Pinales & Schwartz of Cincinnati, Ohio; and Buffalo, N.Y.-based law firm Lipsitz, Green, Fahringer, Roll, Salisbury & Cambria — argues that the guidelines are an unconstitutional burden and would do little to protect children.

The case is Free Speech Coalition vs. Alberto Gonzales, No. 05 CV 1126 WDM.

More ways to get XBIZ News:  RSS Feeds  |  E-Newsletters  |  Desktop Widget  |  Mobile
Looking for porn star news and behind-the-scene videos? Check out XFANZ.com !


Randazza: Trump Victory, Big Prop 60 Win

On Tuesday afternoon, I boarded a transatlantic flight. Given all of the negativity in the 2016 presidential race, I was delighted that I would be absent for the results. I found both Donald Trump and... More »

Dissecting an $11.9M Affiliate Marketing Judgment

The Federal Trade Commission scored another major win in early October when the 2nd U.S. Circuit Court of Appeals upheld a lower court ruling, requiring LeadClick Media LLC to pay an $11.9 million award. The... More »

Legal Protection for Amateur Shoots

Any adult industry professional who creates video content with actual first-time amateurs will come to an early knowledge that later performer regret is commonplace. Recognized performers who regularly... More »
Stay informed of the latest industry developments. Get XBIZ newsletters delivered to your inbox. Subscribe today!
Enter email address:

* To manage existing subscriptions click here.

Submit your press release to
multiple news outlets with 1 click.
Subscribe to RSS news feeds or
add free content to your website.
Access XBIZ news and articles
with your mobile device.
Access the latest issues of the industry's leading trade publications in digital form. View online or download for offline viewing.


Everything To Do With Sex Show

Jan 20 - Jan 22
Montréal, Québec

Everything To Do With Sex Show

Jan 27 - Jan 29
Halifax, Nova Scotia

The European Summit

Mar 04 - Mar 07
Barcelona-Sitges, Spain

The TEA Show

Mar 05 - Mar 06
Hollywood, CA
Everyday thousands of business professionals browse XBIZ's industry directory for quality products and services. Not listed yet? Your company could be losing potential new business. Submit your company today!
Use XBIZ RSS feeds to stay informed of the latest industry developments or as a content syndication tool for your website!