FSC Seeks to Address U.S. Response Over 2257 Challenge

FSC Seeks to Address U.S. Response Over 2257 Challenge

PHILADELPHIA — It likely will be well into fall when the 3rd U.S. Circuit U.S. Court of Appeals decides whether to allow a full-panel review of the Free Speech Coalition’s challenge over the legality of 18 U.S.C. § 2257.

Late Friday, Free Speech Coalition attorneys filed a petition with the 3rd Circuit to allow them to respond to the Justice Department’s response to its petition for an en banc rehearing.

FSC counsel said that they have not had an opportunity to respond to the
government’s new, alternative argument that a newly decided U.S. Supreme Court ruling does not rely on a change in the precedential case Renton vs. Playtime Theatres Inc.

Last week, the government said that the recent decision in Reed vs. Town of Gilbert, Ariz., does not affect the continued authority of a secondary-effects doctrine under Renton vs. Playtime Theatres Inc., which makes operators subject to intermediate First Amendment scrutiny — or regulation that does not directly target speech but has a substantial impact on a particular message.

The FSC petitioned for an en banc review in late June in light of the new high court rulings — Reed vs. Town of Gilbert, Ariz., and City of Los Angeles vs. Patel — and the government responded last week.

Now, the FSC likely will have the chance to respond to the government’s response after they asked the 3rd Circuit to deny the en banc appeal.

The FSC is seeking “leave to file a reply addressing this new argument and explaining why this is not a Renton secondary-effects case and why Reed is controlling here, by Aug. 19.”

View the FSC's motion for leave to file a reply

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

House Committee to Weigh Online Safety Bill With Federal AV Requirement

The U.S. House of Representatives Committee on Energy and Commerce will meet Thursday to consider and potentially amend the Kids Internet and Digital Safety (KIDS) Act, which includes provisions to make age verification by adult websites federal law.

SWR Data Publishes 'Creator Income' Report

Adult industry market research firm SWR Data has published a report on creator incomes.

Stephanie Love Performs 1st Anal Fisting for Evil Angel

Stephanie Love has performed her first anal fisting scene alongside director and newly-crowned XMAs Male Performer of the Year Vince Karter in the latest scene from Evil Angel, titled “Stephanie Love Anal Gaping & Squirt.”

Penelope Reed Returns to Adult Time in New Pure Taboo Release

Penelope Reed has returned to Adult Time for the first time since 2018, starring in the latest release from studio imprint Pure Taboo, titled "The Family Ritual."

Pineapple Support to Host 'Neurodivergent Performers' Support Group

Pineapple Support is hosting a free online support group for neurodivergent performers.

Cherry Candle Makes Her Elegant Angel Debut in St. Paddy's Day Release

Cherry Candle has made her Elegant Angel debut alongside Danny Mountain in a St. Patrick’s Day-themed scene titled "For Fucks Sake!"

Brazzers Debuts New Series 'Glory House: Next Penetration'

2026 XMAs Best Lead Actor Ryan Reid, Tia Maria, and Beca Barbie star in the first episode of a new Brazzers limited series, “Glory House: Next Penetration.”

Andylynn Payne, Sasha Tatcha Lead Latest From TransSensual

Andylynn Payne and Sasha Tatcha star with Derek Kage in the latest scene from Mile High Media studio imprint TransSensual, titled “Gym Jail Bangarama.”

'Legal Impact' Webinar Unpacks North Carolina's New Consent Law

Industry attorney Corey D. Silverstein on Thursday held a webinar focused on North Carolina’s HB 805, a new law that has significantly altered performer consent requirements in the state.

Show More