FSC Files Petition to Rehear 2257 Appeal

WASHINGTON — The Free Speech Coalition has asked the 3rd U.S. Circuit Court of Appeals to rehear its challenge over the legality of 18 U.S.C. § 2257, holding that two very recent U.S. Supreme Court cases could have influence on its appeal.

In May, a three-judge 3rd Circuit panel left intact the core of the recordkeeping regulation’s tenets for producers of sexually explicit content with the exception of warrantless inspections of records.

The Philadelphia-based court agreed with a lower court and said that 2257 is, for the most part, "narrowly tailored" and, therefore, constitutional. Under 2257, producers must maintain records of the ages and identities of people appearing in explicit photos or videos.

On Thursday, attorneys J. Michael Murray and Lorraine Baumgardner, both representing the FSC, filed a petition for panel rehearing and for rehearing en banc, or before the entire bench rather than by panel.

“I express a belief, based on a reasoned and studied professional judgment, that the panel’s decision upholding 18 U.S.C. §§ 2257, 2257A, as content-neutral regulations of expression, conflicts with Reed vs. Town of Gilbert,” wrote Murray in his petition, referring to a case decided just 11 days ago by the U.S. Supreme Court.

The high court ruled in that the decision that the provisions of a municipality’s sign code that impose more stringent restrictions on signs directing the public to the meeting of a nonprofit group than on signs conveying other messages are content-based regulations of speech that cannot survive strict scrutiny.

“Its determination that the statutes are narrowly tailored and not substantially overbroad also conflicts with McCullen vs. Coakley, U.S. vs. Stevens, and Conchatta vs. Miller,” Murray said.

“The consideration of the full court is necessary to secure and maintain uniformity of its decisions,” he said. “Moreover, this appeal involves a question of exceptional importance: Under the First Amendment, can the government impose recordkeeping, labeling, and inspection requirements on producers and publishers of sexual imagery in the name of protecting children from sexual exploitation, when a substantial quantity of the expression burdened by those requirements depicts mature adults who could not be confused as minors and comprises private, personal images exchanged between adults?

“Finally, rehearing should be granted so the Supreme Court’s decision in City of Los Angeles v. Patel,” he said.

In that ruling, made only seven days ago, the justices ruled that a Los Angeles municipal code that requires hotel operators to record and keep specific information about their guests on the premises for a ninety-day period and to make those records available to "any officer of the Los Angeles Police Department for inspection" on demand, is facially unconstitutional because it fails to provide the operators with an opportunity for pre-compliance review.

The 3rd Circuit has not yet decided whether to grant the FSC’s petition.

View FSC petition

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

AV Bulletin: Midyear Roundup

Since the U.S. Supreme Court’s decision in Free Speech Coalition v. Paxton, more state age verification laws have been enacted around the United States, as well as proposed at the federal level and in other countries. Meanwhile, lawsuits resulting from AV laws have begun to play out in the courts. This roundup provides an update on the latest news and developments on the age verification front as it impacts the adult industry.

Savvy Suxx Performs 1st Gangbang for WIFEY

Savvy Suxx performs her first gangbang in the latest release from Vixen Media Group studio imprint WIFEY.

Princess Emily Makes Her Evil Angel Debut

Princess Emily has made her debut for Evil Angel alongside director Richard Mann.

Alina Lopez Performs 1st Anal in Her Tushy Debut

Alina Lopez has performed her first anal scene in her debut for Vixen Media Group studio imprint Tushy, alongside Milan Ponjevic.

Lilith Grace Makes Her Blacked Raw Debut

Lilith Grace has made her debut for Vixen Media Group studio imprint Blacked Raw, alongside Ashley Lane and Jason Luv.

Jennifer White, Octavia Red & Jewelz Blu Star in 'Red, White & Blu' Sequel From Elegant Angel

Reigning XMAs Female Performer of the Year Jennifer White stars with Octavia Red and Jewelz Blu in the sequel to Elegant Angel’s Fourth of July-themed featurette "Red, White & Blu."

Desiree Dulce Is Hustler's 'Cover Honey' for July

Desiree Dulce is the Cover Honey for the July issue of Hustler Magazine and appears in a 14-page centerfold spread shot by ThisYearsModel.com.

Bobbii Rose, Jake Switch Front New Release from Grooby

Bobbii Rose and Jake Switch star in the latest release from Grooby Girls, titled “The Aphrodisiac Plan.”

Krystal Sparks Makes Her MILFY Debut

Krystal Sparks makes her MILFY debut alongside Lexi Luna and Dan Damage in the latest release from Vixen Media Group studio imprint.

Emma Rosie Toplines Latest Release From Doghouse Digital

Emma Rosie headlines the latest release from Mile High Media studio imprint Doghouse Digital.

Show More