FSC Asks U.S. Judge to Reject Summary Judgment Request

DENVER — The Free Speech Coalition this week asked a federal judge to deny the Justice Department’s request to dismiss its suit over new federal labeling and record-keeping regulations targeting the adult industry.

The FSC, which also is appealing several issues to the 10th U.S. Circuit Court of Appeals relating to its preliminary injunction, reiterated its original case to U.S. District Court in Denver, saying that the “government’s arguments … are erroneous and should be rejected.”

The FSC’s 38-page response in opposition to a summary judgment addresses six points of contention, including vagueness and overbreadth of new language under U.S.C. 18 § 2257 as well as 1st Amendments issues.

The filing also addresses the possibility of the new rules violating the 5th Amendment relative to due process.

“In the context of obscenity, the maintenance of § 2257 records is itself an admission of wrongdoing, for it is only those individuals and entities who create and publish the sexually explicit material at issue that are required to maintain records,” the FSC said. “Therefore, the fact that an entity has § 2257 records for a particular work is a concession that the entity was involved in its distribution.

“Given these concerns, coupled with the fact that § 2257 imposes criminal liability on violators and the government’s recent attacks on the adult industry, § 2257 violates the 5th Amendment.”

The FSC also addressed the government’s contention that data maintained in producer’s records would not be helpful in an obscenity prosecution.

“[But] this overly simplistic argument ignores the realities of what § 2257 requires,” the FSC said. “Because the record-keeping requirement is triggered when sexually explicit material is produced, and not when it is disseminated, it is possible that the government would be exposed to a nonpublished work for the first time on inspection, thereby increasing the likelihood of an obscenity prosecution for works that were created but not published.

The FSC said “there are serious questions whether the challenged provisions are narrowly tailored to serve the government interest,” and that already there is evidence that numerous producers and websites have reduced their speech in response to the newly enacted regulations.

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

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

Playboy Partners With Creator Platform Tango

Playboy has partnered with creator platform Tango, introducing Playmates to the livestreaming service.

Anti-Porn Senator Introduces Federal Age Verification Bill

U.S. Senator Jim Banks of Indiana, who last month urged the Department of Justice to ramp up obscenity prosecutions, on Wednesday introduced a bill that would make age verification by adult websites federal law.

Alanna Pow Stars in Latest From Brazzers

Alanna Pow stars with Dwayne Foxxx in the latest release from Brazzers, titled "Skin Tight and Fucked Right!"

AEBN Publishes Popular Searches by Country for April, May

AEBN has released the list of popular searches from its straight and gay theaters, by country, for April and May.

Amalia Davis, Leya Desantis Star in Latest From SexArt

Amalia Davis and Leya Desantis star in the latest release from MetArt studio brand SexArt, titled "My Treasure."

Ondato Joins Pineapple Support as Sponsor

Age and identity verification company Ondato has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

Jewelz Blu Stars in Latest Gangbang From Ricky's Room

Jewelz Blu stars in a new gangbang scene from Ricky's Room, titled “Every Hole Is The Goal.”

Alexis Fawx, Armani Black Make Their Bellesa Plus Debuts

Armani Black and multi-XMAs winner Alexis Fawx have made their Bellesa Plus debuts alongside John Legendary in the latest episode of the studio’s “Blind Date” series.

DomCon LA Cracks the Whip on Community and Kink Education

As DomCon attendees packed up their paddles and checked out of the LAX Hilton following a long weekend of play parties, classes, and high-impact reunions with old friends, it was easy to tell who was there for the 23rd year of LA’s premier BDSM gathering and who was a business traveler from Cleveland who happened to be in the weird place at the right time.

Reptyle to Debut MYLF's 1st Serialized Release 'Motherfucker'

Reptyle will premiere MYLF’s first serialized release, “Motherfucker,” starting Friday.

Show More