U.S. Judge Won't Dismiss 2257 Suit, Sides With FSC

PHILADELPHIA — A federal judge has denied the Justice Department’s motion to dismiss 4th Amendment complaints in Free Speech Coalition vs. Eric Holder, which involves federal record-keeping law 18 U.S.C. § 2257.

At a pretrial hearing held at the James A. Byrne Federal Courthouse in Philadelphia, U.S. District Judge Michael M. Baylson listened to arguments from attorney J. Michael Murray, representing the Free Speech Coalition and other plaintiffs in the lawsuit, and attorney Kathryn Wyer, who represents the Justice Department under President Barack Obama’s attorney general, Eric Holder).

Wyer argued that the plaintiffs’ 4th Amendment complaints were “defective,” noting that 2257 searches aren’t being aggressively conducted presently.

But Murray countered that 2257 laws remain in effect regardless of the amount of government searches — or lack thereof — presently taking place.

Baylson essentially agreed with Murray’s arguments, requesting a phone consultation with Murray and Wyer on Dec. 13 and possibly another one on Dec. 20 if needed. 

Baylson, calling for “limited discovery,” told Murray and Wyer that if the case does go to trial, he is hoping the trial will begin in mid-June.

Under 2257 regulations (part of the Child Protection and Obscenity Enforcement Act of 1988), producers of sexually explicit material are required to obtain proof that any models they use are legal adults and maintain careful records of that proof.

Adult entertainment companies are subject to 2257-related inspections by law enforcement—and violations of 2257 can result in criminal prosecution.

Although the Child Protection and Obscenity Enforcement Act was enacted in November 1988 when President Ronald Reagan was still in office, 2257 inspections of adult companies became especially aggressive under the George W. Bush Administration.

But taking forceful action against the adult entertainment industry has not been a high priority for the Obama Administration.

Special Agent Alan S. Nanavaty, who heads the FBI's Crimes Against Children Unit, has sworn that the Justice Department’s 2257 inspection program was terminated on Oct. 24, 2007.

Nanavaty has said that since then, the FBI has received no funding for new 2257 inspections.

But at today's pretrial hearing in Philadelphia, Murray, counsel with the Cleveland-based firm of Berkman, Gordon, Murray & Devan, asserted that the lack of 2257 inspections under Holder does not invalidate the 1st Amendment or 4th Amendment concerns that the FSC has about 2257.

“The statute hasn’t changed,” Murray told the court. “The statute still requires that records must be kept.”

Murray stressed that regardless of Holder’s position on 2257, a future attorney general might favor a return to aggressive257 inspections — and for that reason, the FSC’s lawsuit against the Justice Department needs to go forward.

In Free Speech Coalition vs. Eric Holder (which was filed in 2009 after Obama took office), the FSC has asserted said 2257 searches violate the 4th Amendment’s protection against unreasonable search and seizures.

Related:  

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

Grooby Kicks Off 30th Anniversary With Aubrey Kate Return

Two-time XMAs Trans Performer of the Year Aubrey Kate returns to Grooby for the first time since 2017, starring alongside Chris Epic to mark the commencement of the studio’s 30th anniversary year.

Octavia Red Stars in 'No Need for Men Pt. 1' From Futanari XXX

Octavia Red stars with Ava Amira in “No Need for Men Pt. 1,” from Futanari XXX, directed by studio honcho Romero.

Sofie Marie Fronts Latest From MYLF

Sofie Marie stars with Gunnar Bishop in the latest release from MYLF.

Penny Barber Stars in Latest Episode of 'Mommy's Boy'

Reigning XMAs MILF Performer of the Year Penny Barber stars with Emma Rosie and Axel Haze in the latest episode of Adult Time series “Mommy’s Boy,” titled “A Family That Nudes Together, Stays Together.”

Utah State Legislator Proposes New 'Porn Tax'

A Utah state senator introduced a bill on Monday that would impose a 7% tax on the gross receipts of adult websites doing business in that state, plus require adult sites to pay an annual $500 fee.

'Fan Fav' XMA Award Categories to Be Presented at X3 Expo

In a move sure to electrify fans and creators alike, fan passion will take center stage Saturday, Jan. 17, when the winners of the 2026 XMA Fan Favorite categories are revealed, transforming the closing night of X3 Expo into the event’s most buzzworthy moment.

Sophia Locke, Max Fills Star in Latest From New Sensations

Sophia Locke and multi-XMAs winner Max Fills star in the latest release from New Sensations.

Angel Windell, Cherry Candle Topline Latest 'Lesbian Love Stories'

Angel Windell and Cherry Candle headline the 11th volume of "Lesbian Love Stories" from Girlfriends Films.

Leana Lovings Fronts Latest From Pure Taboo

Leana Lovings stars with Jason Sarcinelli in the latest release from Pure Taboo, titled "His Charitable Act."

X3 Expo 2026 Unveils Movie Screenings Lineup

X3 Expo has revealed its 2026 screening lineup, comprised of XMAs-nominated titles “The Parasite Queen,” “Strip,” “Once Upon a Time in the Valley,” “The Blueprint,” and “Deadly Vows.”

Show More