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

Octavia Red Makes Wicked Debut in 4th Installment of 'Viewer Discretion Advised'

Octavia Red has made her Wicked Pictures debut in the fourth scene from the studio's latest feature, "Viewer Discretion Advised."

OnlyFans Institutes Criminal Background Checks for US Creators

OnlyFans will screen creators in the United States for criminal convictions, CEO Keily Blair has announced in a post on LinkedIn.

Pineapple Support to Host 'Healthier Relationships' Support Group

Pineapple Support is hosting a free online support group on enhancing connection and personal growth.

Kimmy Kimm Lands Cover of Playboy Sweden

Playboy magazine’s Swedish edition has selected Kimmy Kimm as the cover model for its Nov. issue.

Lilly Bell Stars in Latest From Girlsway

Reigning XMAs Girl/Girl Performer of the Year Lilly Bell stars with Blake Blossom in “Roleplay with Me: The Case of the Canceled Party,” from Girlsway.

Madison Morgan Performs 1st Anal, Makes Elegant Angel Debut in 'Big Wet Asses 33'

Madison Morgan performs her first anal scene and makes her Elegant Angel debut in the thirty-third volume of "Big Wet Asses."

Zariah Aura, Yhivi Front Latest From TransSensual

Zariah Aura and Yhivi star in the latest scene from Mile High Media studio imprint TransSensual, titled “Two Slutty Clowns.”

Ana Foxxx Featured in Latest From Kink.com

Ana Foxxx stars with Baxxx in the new scene from Kink.com, titled “Teasing Her Toy.”

Madi Collins Performs Her 1st Gangbang for Blacked Raw

Madi Collins performs her first gangbang in the latest release from Vixen Media Group (VMG) studio imprint Blacked Raw.

Strike 3 Rejects Meta 'Personal Use' Defense in AI Suit

Vixen Media Group owner Strike 3 Holdings this week responded to Facebook parent company Meta’s motion to dismiss Strike 3’s suit accusing Meta of pirating VMG content to train its artificial intelligence models.

Show More