U.S. Gets 21-Day Extension to Respond to FSC’s 2257 Petition to Rehear Appeal

WASHINGTON — A federal appeals court judge today granted a 21-day extension for the U.S. Attorney General’s office to respond to the Free Speech Coalition’s motion to rehear its challenge over the legality of 18 U.S.C. § 2257.

A three-judge 3rd U.S. Circuit Court of Appeals panel in May 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 panel said that 2257, for the most part, was "narrowly tailored" and, therefore, constitutional.

Attorneys J. Michael Murray and Lorraine Baumgardner, both representing the FSC, asked for a rehearing en banc, or before the entire bench rather than by panel, in June.

Today, 3rd Circuit Judge D. Brooks Smith approved the government’s request to delay a response to the petition for a rehearing. The FSC was unopposed to the request.

In late June, the FSC filed a petition to rehear its appeal, holding that two very recent U.S. Supreme Court cases decided — Reed vs. Town of Gilbert, Ariz., and City of Los Angeles vs. Patel — could have influence on its appeal.

In Reed vs. Town of Gilbert, Ariz., 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.

In City of Los Angeles vs. Patel, 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 90-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.

Murray, in the May request to rehear the case en banc, claimed that the 3rd Circuit panel’s decision upholding 2257, as content-neutral regulations of expression, conflicts with the new high court rulings.

Murray told XBIZ that the FSC was pleased with the 3rd Circuit’s decision in May to strike down the federal regulation authorizing 2257 inspections as unconstitutional under the Fourth Amendment.

"That was an important victory striking a substantial blow to the 2257 scheme," he said. "At the same time we were disappointed with the court’s rejection of our First Amendment challenges to 2257 and thus we filed a petition for rehearing.

"The court initially gave the government until July 15 to file a response to our petition, but the government sought, and was granted, an extension until Aug. 5. We will continue to vigorously pursue our constitutional challenges to this burdensome statutory scheme."

Brooks ordered the government’s response to be limited to rebut the FSC’s focus on the recently decided cases by the Supreme Court.

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

LeWood Drop Their 350th Title 'Anal Slut Search'

Director/performer duo LeWood (Francesca Le and Mark Wood) have released their 350th title, “Anal Slut Search,” from Evil Angel.

Miley Miles Makes Her Family Strokes Debut

Miley Miles has made her Family Strokes debut alongside Rion King.

Polish Government Proposes AV Mandate for Adult Sites

Poland’s Council of Ministers on Tuesday endorsed a proposed national law that would require sites and platforms to age-verify users to prevent minors from accessing adult content online.

Charlotte Sins, Aiden Ashley Front Latest Installment of 'The Yes List'

Charlotte Sins and Aiden Ashley star with Oliver Flynn in the latest installment of Adult Time series "The Yes List," titled "The Origin of the Throuple."

Brazil Launches Complaints Page for AV Violations, Other Issues

Brazil’s National Data Protection Authority (ANPD) on Monday debuted a portal where citizens can report possible violations of the country’s Digital Statute for Children and Adolescents (Digital ECA), which requires adult websites to age-verify users located in Brazil.

FSC Launches 'Speak Out' Media Campaign for Creators

The Free Speech Coalition (FSC) has announced the launch of FSC Speak Out, a media campaign for content creators to tell their stories.

Pineapple Support, Stripchat to Host LGBTQ Support Group

Pineapple Support and Stripchat are hosting a free online support group for LGBTQ+ individuals within the adult industry, titled "LGBTQ and Proud."

Texas Patti Leads Latest From Evil Angel

Texas Patti stars with multi-XMAs winner Mick Blue in the latest release from Evil Angel.

Lilly Bell, Lily Labeau Front Latest Release From TeamSkeet

XMAs winner Lilly Bell stars with Lily Labeau and Donnie Rock in the latest scene from TeamSkeet’s “Brat Tamer” series, titled “Band Brat Gets a Spanking.”

Show More