FSC Vows to Appeal Court Decision

PHILADELPHIA — The Free Speech Coalition vows to appeal judge Michael Baylson’s decision denying the group’s motion to reconsider a previous decision, which threw out FSC’s 18 U.S.C. §§2257 and 2257A lawsuit against the federal government.

In his order, the judge said, “In their motion, plaintiff’s do not cite this legal standard controlling motions under Rule 59 (e) and do not specify any of the three major grounds as providing the basis for their request to alter or amend the judgment.”

Those three grounds include a change in controlling law, the need to correct a clear error and the availability of new evidence not available before.

“Although the Rule 59 motion was denied, it served the designed purpose of highlighting certain key issues for the appeal,” FSC’s attorney Jeffrey Douglas told XBIZ.

“We express great appreciation for his volunteer effort by FSC board member and legal committee chair Reed Lee in contributing to the draft of the Rule 59. Focus of our distinguished attorneys, Michael Murray and Lorraine Baumgartner, now will turn to the appeal to the 3rd U.S. Circuit Court of Appeals.”

In asking the court to reconsider, FSC said that the court "overlooked a subtle but critical point: that the comprehensive record keeping interest to which the challenged statutes are narrowly tailored is meaningfully different than the government’s significant — indeed compelling — interest in suppressing child pornography.

"The burdens which it imposes upon speakers who produce or reproduce no child pornography at all and, even more importantly, on expression which is not, in fact, child pornography are very serious," the FSC said in its motion. "Congress may not substantially burden protected expression merely because it may resemble unprotected expression.”

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

Senator Urges DOJ to Crack Down on 'Obscenity,' Attacks OnlyFans

U.S. Senator Jim Banks of Indiana this week urged Acting Attorney General Todd Blanche to reestablish the Department of Justice’s defunct Obscenity Prosecution Task Force in a letter that targets OnlyFans while repeatedly conflating “obscenity” with legal adult content.

UN Experts Urge US, Canada to Prosecute Aylo, Others for 'Exploitation'

GENEVA – The United Nations Office of the High Commissioner for Human Rights (OHCHR) has issued a press release in which two U.N. special rapporteurs, cited as experts, accuse Aylo and other companies of complicity in sexual exploitation.

Tennessee Governor Signs Bill Requiring Warnings on Adult Stores

Governor Bill Lee on Tuesday signed into law a bill requiring adult stores, theaters and other establishments in Tennessee to post warning signs cautioning patrons that they “may be contributing” to sexual assault and human trafficking.

Kickstarter Revokes New Rules Banning Fundraising for Adult Content, Products

Crowdfunding platform Kickstarter announced Tuesday that it has reversed its recent decision to impose new “Mature Content” rules banning projects that involve adult content and sextech.

Report: Irish Justice Minister Seeks UK-Style Ban on 'Extreme' Content

Ireland’s justice minister plans to introduce legislation criminalizing possession and distribution of “extreme” pornography, according to a report by the Irish Independent.

WebGroup Czech Republic Settles Florida AV Suit, Will Pay $1.2 Million

WebGroup Czech Republic (WGCZ), the parent company of XVideos, XNXX, BangBros and GirlsGoneWild, has settled a lawsuit filed by the state of Florida over those sites’ alleged failure to age-verify Florida users before allowing access to adult content.

Ofcom Investigates Two Sites Over Possible AV Violations

U.K. media regulator Ofcom on Wednesday launched investigations into two adult sites as part of its age assurance enforcement program under the Online Safety Act (OSA).

FTC Promises 'Vigorous' TAKE IT DOWN Act Enforcement

The Federal Trade Commission is warning platforms that the agency will strongly enforce the notice-and-removal requirements of the TAKE IT DOWN Act, which go into effect next week on May 19.

Court of International Trade Rejects Trump 'Replacement' Tariffs

The U.S. Court of International Trade on Thursday ruled that President Trump’s 10% global tariff under the Trade Act of 1974, imposed after the Supreme Court invalidated the administration’s broad “Liberation Day” tariff regime, is illegal — but stopped short of a nationwide injunction against the tariff.

UPDATED: Utah VPN Rule Enforcement Paused in Aylo Lawsuit

Provisions of a new Utah law making adult websites liable if minors in the state circumvent geolocation efforts to bypass age verification, which were set to come into force on Wednesday, have been put on hold until Sept. 3 in the case of Aylo, which filed suit in the matter.

Show More