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

Brandi Swan Stars in Latest From Pervz

Brandi Swan stars with Peter Fitzwell in the latest installment of the Pervz series "Shoplyfter."

Lucy Mochi Stars in Latest Form Jules Jordan

Lucy Mochi stars with Lexington Steele in the latest release from Jules Jordan Video.

Rebel Rhyder Fronts Latest From MYLF

Rebel Rhyder stars with Sage Roux in the latest installment of the MYLF series "Anal Mom."

Kimmy Kimm Stars in Latest From Pure Taboo

Kimmy Kimm stars with Mickey Mod in the latest release from Pure Taboo, titled "Won’t Breathe a Word."

Kyaa Chimera, Pixie Smalls Star in Latest Installment of 'Mommy's Girl'

Kyaa Chimera and Pixie Smalls star in the latest installment of the Girlsway series “Mommy’s Girl,” titled “Strap In For A Surprise.”

Dorcel Releases Shalina Devine Showcase 'Shalina's Secrets'

Recently crowned XMA Europe MILF Performer of the Year Shalina Devine stars in a new showcase from Dorcel, "Shalina's Secrets."Directed by Franck Vicomte, the title features Angelika Grays, Liz Ocean, Kristof Cale, Francis X, Alex Romero, and Alex Charger.

Penthouse Names Lilah Anne as November's 'Pet of the Month'

Penthouse Magazine has named Minneapolis content creator and professional modeling newcomer Lilah Anne as Pet of the Month for November.

Amirah Adara Suits Up for the November Cover of X3 Magazine

Hungarian superstar Amirah Adara brings her signature style and spirit to the November issue of X3 Magazine, the publication that takes readers behind the scenes of the lives and passions of top stars.

HotWife XO Makes Her WIFEY Debut

HotWife Xo has made her debut for Vixen Media Group studio imprint WIFEY, alongside her husband Jack Spade and Troy Francisco.

Octavia Red Stars in Latest From Deeper

Octavia Red stars with Alex Jones and Parker Ambrose in the latest release from Vixen Media Group studio imprint Deeper, titled "Memento Mori."

Show More