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

Adriana Chechik Returns to Blacked Raw With Blake Blossom

Adriana Chechik and Blake Blossom star with Sheem in the latest release from Vixen Media Group (VMG) studio imprint Blacked Raw.

Rocco Siffredi Makes On-Camera Return, Launches New Creator Platform

After a four-year hiatus, Rocco Siffredi is returning to on-camera performance — and he’s doing it in a way that reflects both his legacy and the creator-driven landscape shaping today’s market. His latest endeavor is built entirely around collaborations, an approach he says immediately energized him and clarified what this new chapter should look like.

Reagan Foxx Leads 'The Substance' Parody From MYLF

2023 XMAs MILF Performer of the Year Reagan Foxx stars in MYLF's ‘The Substance’ parody, titled “A Sluttier Version of Yourself.”

Jessi Rae Makes Her Deeper Debut

Vixen Media Group (VMG) exclusive Jessi Rae has made her debut for the studio's imprint Deeper, alongside multi-XMAs winner Isiah Maxwell in “Key Mistress.”

Mark Spiegler Named XBIZ Talk Guest for 2026 LA Conference

XBIZ is pleased to announce that famed talent agent Mark Spiegler, impresario of the the Spiegler Girls agency, will join an exclusive talk session at XBIZ 2026, the latest edition of North America’s largest adult industry conference, set to take place Jan. 12-15 at the Kimpton Everly Hotel in Hollywood.

Angela White Fronts Latest From Brazzers

Multi-XMAs winner Angela White stars with Scott Nails in the latest release from Brazzers, “Run Club Rules.”

Gataca Introduces Passkey Integration

Spain-based age verification provider Gataca has debuted its new passkey integration.

GloryPay Announces New Financial App

European fintech company GloryPay has announced the launch of its financial app for industry members.

Richard Mann Drops New Evil Angel Scene With Mercy Muse

Mercy Muse stars in a new Evil Angel scene alongside director/performer Richard Mann.

Creator of Hentaied, Parasited Launches New Site 'MonsterPorn'

Romero Mr. Alien, the creator of Parasited and Hentaied, has launched new paysite MonsterPorn.com.

Show More