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 © 2025 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

Charlotte Sins on Turning Obedience Into Strategy

“My freckles are probably my most commented-on feature.” That’s not necessarily the sort of thing you expect to hear from a porn star — but then, Charlotte Sins has never been one to fit neatly into any preconceived category, or worry overmuch about expectations.

AEBN Publishes Popular Searches by Country for August, September

AEBN has released the list of popular searches from its straight and gay theaters by country in August and September.

Satine Summers Makes Her Evil Angel Debut

Satine Summers has made her debut for Evil Angel alongside director/performer Richard Mann.

Adira Allure Toplines 'Hotwife POV 2' From Doghouse Digital

Adira Allure headlines the second volume of “Hotwife POV” from Mile High Media studio imprint Doghouse Digital.

AV in Focus: A Guide to Unlocking Compliance With Clarity

The age verification era isn’t coming — it’s here. Laws are already on the books in numerous U.S. states, as well as in the U.K., France and beyond.

Leilani Li Returns to Kink.com

Leilani Li stars with Jayson Parker in a new Kink.com scene titled “Office Thief Gets Fucked.”

Amber Bloom Makes Her Immoral Debut

Amber Bloom has made her debut for Immoral Productions, alongside Terry Banks, Matt Bird, Rob Hudson, and studio honcho “Porno Dan” Leal.

Canadian Privacy Commissioner Endorses National AV Bill

Philippe Dufresne, privacy commissioner of Canada, has voiced support for a bill that would impose fines of up to $500,000 on adult sites that do not implement age verification for Canadian viewers.

Katie Kush Stars in New Halloween-Themed Release From Elegant Angel

Katie Kush stars with reigning XMAs Male Performer of the Year Alex Jones in a new Halloween-themed scene from Elegant Angel, titled “The Legend of the Werewolf.”

Ricky Johnson Launches 'Ricky's Resort' Through YourPaysitePartner

Ricky's Room studio honcho Ricky Johnson has launched his latest site, RickysResort.com, through YourPaysitePartner (YPP).

Show More