FSC 2257 Appeal to Be Heard By 10th Circuit

DENVER – The 10th U.S. Circuit Court of Appeals agreed today to hear the Free Speech Coalition’s appeal on several issues relating to last month’s preliminary injunction in the case FSC vs. Gonzales, a lawsuit seeking to halt new federal labeling and record-keeping regulations targeting the adult industry, in particular, FSC members.

FSC attorney Michael Gross, of Schwartz & Goldberg, told XBiz the appeal is just one of many stages in what could be a very lengthy lawsuit involving the technicalities of the Internet combined with the overly burdensome aspects many website operators face in complying U.S.C. 18 § 2257 record-keeping laws.

“One component of the challenge [in FSC vs. Gonzales] is that generally all speech is protected by the constitution, and what 2257 does is it turns that presumption upside down, and you have to go out and prove you have a record that it [the content] isn’t child pornography and that you’re not a criminal,” Gross said.

The appeal was docketed today on the heels of a Jan. 27 filing that addressed whether the strict scrutiny law or the intermediate scrutiny test is applicable to 2257 in regards to secondary producers.

The FSC and its attorneys have taken the firm position that this is content-based law and are eager to argue this point, which Gross said has never before been brought before the 10th Circuit.

At this stage in the case, the FSC defense team will file a docketing statement, which spells out for the court what the case is about. Then the district court puts the record together for the appellate court to review, which Gross said could take between 30-90 days. After a few more steps in the process, the government is given a chance to respond, and it could be up to six months before anything comes of the FSC’s appeal.

“We now are putting 1st Amendment issues squarely before the court,” Gross said.

The FSC first filed suit against the Justice Department in June, seeking to enjoin enforcement of 2257’s new rules that require producers to keep detailed information verifying the identity and age of their performers, including date of birth, legal name and a copy of a photo identification card. The amended law applies 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 in 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. Another plaintiff is David Connors of San Diego, owner of about 600 adult sites and producer of 41 adult videos under the Dave Cummings Production label.

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

Missouri AG Announces Age Verification Rule to Take Effect Nov. 30

Newly appointed Missouri Attorney General Catherine Hanaway announced Friday that the state's recently approved age verification regulation for adult websites will go into effect on Nov. 30.

Aylo, Woodhull Freedom Foundation to Host 'Online Censorship' Event

Aylo and Woodhull Freedom Foundation will co-host a virtual panel addressing online censorship on Sept. 30.

Severe Sex Films Relaunches Site Through YourPaysitePartner

Severe Sex Films has relaunched its official website through YourPaysitePartner (YPP).

Judge Awards Plaintiffs Over $400K in Attorneys Fees in Derek Hay Civil Case

California Superior Court Judge Gail Killefer has awarded former clients of LA Direct Models over $400,000 in attorneys fees and court costs, to be paid by agency founder Derek Hay.

ChickPass Rebrands as 'ChickPass Cinematic Universe'

ChickPass has announced that it has rebranded its network of sites as ChickPass Cinematic Universe.

Brazilian Adult Industry Association ABIPEA Launches

Brazilian Association of the Adult Entertainment Industry and Professionals (ABIPEA) has officially launched its organization.

New Adult Social Media Platform 'Havven' Opens Beta Phase

Havven, a new adult social media platform, has opened its beta phase and will officially launch Oct. 5.

Former Backpage CEO Carl Ferrer Sentenced to 3 Years Probation, $40,000 Fine

Former Backpage.com CEO Carl Ferrer was sentenced in federal court today to three years' probation and a $40,000 restitution fine for a conspiracy conviction related to money laundering through the defunct website.

Pineapple Support to Launch 'Wellbeing by PS' Initiative

Pineapple Support has announced its Wellbeing by PS initiative, naming new team member Amber Madden to head the project.

Playboy Wins $81 Million Judgment in Chinese Licensing Arbitration

Playboy Inc. was awarded $81 million in damages on Monday by the Hong Kong International Arbitration Centre, in a licensing dispute with former partner New Handong Investment (Guangdong) Co. Ltd.

Show More