FSC Files Opening Brief to U.S. Appeals Court Over 2257

DENVER — The Free Speech Coalition filed its opening brief to the 10th U.S. Circuit Court of Appeals in its attempt to challenge a lower federal court’s opinion relative to a preliminary injunction against new federal labeling and record-keeping regulations targeting the adult industry.

In late December, the U.S. District Court in Denver granted in part and denied in part the preliminary injunction that halts enforcement of several amended rules relative to U.S.C. 18 § 2257.

The order sustained the FSC’s argument that the inclusion of “secondary producers” in the accompanying regulations violated a previous 10th Circuit ruling — Sundance Associates Inc. vs. Reno, 139 F.3d 804 (10th Circuit, 1998) — and other aspects of the organizations’ contention that 2257 imposes undue burdens on speech, but otherwise denied their claim that 2257 is unconstitutional.

In the 30-page brief filed Wednesday, the FSC is asking the court whether 2257 “is facially unconstitutional under the 1st Amendment.”

FSC attorneys are requesting the 10th Circuit to hear oral arguments in the case.

“[The new rules] permit the government to criminalize the dissemination of protected expression without proving, as would otherwise be its burden, that the underlying speech itself is unlawful,” the FSC said in its appeal. “This impermissibly alters the constitutional protection afforded all non-obscene sexual expression containing adults and therefore violates the 1st Amendment. The district court accordingly erred in rejecting appellant’s motion for preliminary injunction on this ground.”

The FSC's lead attorney in the case, Michael W. Gross, told XBIZ that the organization “is trying for the knock-out punch.”

“We’re essentially focusing on the 1st Amendment issues of 2257 with the 10th Circuit and saving the regulatory issues for the [U.S. District Court],” said Gross, who noted that the government has 30 days to reply to the opening brief filed Wednesday.

Gross said that if the 10th Circuit approves oral arguments, the appeal could be heard as early as fall. In the meantime, the U.S. District Court case continues.

The FSC filed suit last year at U.S. District Court seeking to enjoin enforcement of 2257’s new rules.

The new regulations require producers to keep detailed information to verify the identity and age of their performers, including date of birth, legal name and a copy of a photo identification card. They apply 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 to 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.

The suit by attorneys representing three law firms — Denver-based Schwartz & Goldberg; Sirkin, Pinales & Schwartz of Cincinnati, Ohio; and Buffalo, N.Y.-based law firm Lipsitz, Green, Fahringer, Roll, Salisbury & Cambria — argues that the guidelines are an unconstitutional burden and would do little to protect children.

The case to be argued at the 10th Circuit is Free Speech Coalition vs. Alberto Gonzales, Nos. 06-1044, 06-1073.

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

Ariel Demure, Maisey Monroe Star in 4th Installment of 'Ripped for Their Pleasure' From Gender X

Reigning and two-time XMAs Trans Performer of the Year Ariel Demure stars with Maisey Monroe in the fourth installment of "Ripped for Their Pleasure," the latest title from Gender X Films.

Delilah Raige Makes Her Brazzers Debut

Delilah Raige has made her debut for Brazzers alongside Ricky Johnson in "Raige Hits The Stage."

Ofcom Escalates Sun Social, Superb Convert Investigations

U.K. media regulator Ofcom has ramped up its ongoing Online Safety Act (OSA) compliance investigations into PlayVids/PeekVids operator Sun Social Media and PimpBunny operator Superb Convert.

Centrobill Rolls Out Apple Pay, Google Pay Options

Centrobill has added Apple Pay and Google Pay options for merchants.

Bellesa to Drop New Installments of 'Euro House'

Bellesa will release new episodes of its series "Euro House" after a three-year hiatus.

Judge Preliminarily Approves Pornhub Class Action Settlement

A U.S. District Court judge on Monday granted preliminary approval to a settlement between Aylo and the plaintiffs in two class-action lawsuits over allegations that former Pornhub parent company MindGeek knowingly allowed and profited from CSAM on its sites.

Anissa Kate, Koda Monroe Front Latest From Brazzers

Anissa Kate and Koda Monroe star with Jimmy Bud in the latest release from Brazzers, titled "Messy Massage, Amazing Anal."

Lucy Mochi Stars in 2nd Installment of 'Thoughtless Wishes/ From Digital Playground

Lucy Mochi stars with Peter Fox in the second installment of "Thoughtless Wishes," the latest release from Digital Playground.

Private Drops Latest Volume of 'Four-Hand Massage'

Private has released the fourth volume of "Four-Hand Massage," directed by Raul Lora.

Yasmina Khan Makes Her WIFEY Debut

Yasmina Khan has made her debut for Vixen Media Group studio imprint WIFEY alongside her husband Brady Bud and reigning XMA Europe Male Performer of the Year Dimitri Shadow in the latest installment of the series "WIFEY Vacay."

Show More