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

Raissa Bellini Makes Her Blacked Raw Debut

Raissa Bellini has made her debut for Vixen Media Group studio imprint Blacked Raw, alongside Hollywood Cash and Isiah Maxwell.

Ravyn Alexa Makes Her Digital Playground Debut

Ravyn Alexa has made her Digital Playground debut alongside Millie Morgan and multi-XMAs winner Zac Wild in “They Put the HO in Neighborhood.”

Segpay Names Tom John CTO

Segpay has appointed Tom John as its new Chief Technology Officer.

Skylar Snow Fronts Latest From New Sensations

Skylar Snow stars with Mighty Dee in the latest release from New Sensations.

Summer Kline Stars in Latest From Bellesa House

Summer Kline stars with Damion Dayski in the latest scene from Bellesa House.

Rachael Cavalli Leads Latest From Devil's Film

Rachael Cavalli stars with Axel Haze in the latest installment of Devil's Film series "Sugar and Creampies."

JustFor.fans Launches Curated 'Tom of Finland' Section

JustFor.fans (JFF) has launched a curated section based on artist Tom of Finland's work, featuring creators inspired by it.

Cubbi Thompson on Turning the Page From Creator to Performer

Cubbi Thompson's signature two-tone coiffure is nearly as recognizable as the performer herself. What some might not know, however, is that the look traces back to an unlikely inspiration: eccentric Harry Potter villain Bellatrix Lestrange.

Dutch Police Raid Servers Hosting 'Motherless' Website

A Dutch National Police Corps cybercrime team on Tuesday conducted raids on hosting companies in three cities, seizing servers owned or used by controversial adult website Motherless, as part of an investigation into possible illegal content.

Serenity Cox Performs Her 1st DP in 'Equilibrium' From Deeper

Multi-XMAs winner Serenity Cox performs her first DP alongside Seth Gamble and Vince Karter in the second installment of Vixen Media Group studio imprint Deeper’s Fantasy Feature “Equilibrium.”

Show More