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In his order, the judge said, “In their motion, plaintiff’s do not cite this legal standard controlling motions under Rule 59 (e) and do not specify any of the three major grounds as providing the basis for their request to alter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

Strike 3 Rejects Meta 'Personal Use' Defense in AI Suit

Vixen Media Group owner Strike 3 Holdings this week responded to Facebook parent company Meta’s motion to dismiss Strike 3’s suit, accusing Meta of pirating VMG content to train its artificial intelligence models.

Pornhub, Stripchat: VLOP Designation Based on Flawed Data

In separate cases, attorneys for Pornhub and Stripchat this week told the EU’s General Court that the European Commission relied on unreliable data when it classified the sites as “very large online platforms” (VLOPs) under the EU’s Digital Services Act, news organization MLex reports.

FSC Releases Updated Age Verification Toolkit

The Free Speech Coalition (FSC) has announced the release of its updated age verification toolkit.

UK Moving Ahead with Plan to Outlaw 'Choking' Content

The U.K. government has announced its intent to follow through on criminalizing “choking” content, a plan that was announced earlier this year.

Italy to Require Age Verification for Adult Sites

Italian media regulator AGCOM has announced that all sites and platforms hosting adult content will be required to implement age verification systems to prevent access by users under 18.

Russian Lawmakers Call for Age Verification

Two Russian lawmakers have called on the country’s government to implement age verification for adult content.

Canadian Privacy Commissioner Endorses National AV Bill

Philippe Dufresne, privacy commissioner of Canada, has voiced support for a bill that would impose fines of up to $500,000 on adult sites that do not implement age verification for Canadian viewers.

Industry Attorney Paul Cambria Retires After 50 Years of Practicing Law

After more than a half-century in practice, during which he provided the defense in some of the adult industry's most notable legal cases, attorney Paul Cambria has retired.

FSC: California's Device-Based AV Law Does Not Apply to Adult

The Free Speech Coalition (FSC) put out an advisory today explaining that California's new device-based age verification law does not apply to adult websites.

Ohio AG Threatens Action Against 'Major' Adult Sites Over AV Law

Ohio Attorney General Dave Yost announced today that his office is sending "notice of violation" letters to 19 adult websites for failure to comply with the state's recently enacted age verification law.

Show More