U.S. Judge: Key Portions of 2257 Are Unconstitutional

U.S. Judge: Key Portions of 2257 Are Unconstitutional

PHILADELPHIA — A federal judge today, siding with the Free Speech Coalition and other plaintiffs, declared unconstitutional key portions of 18 U.S.C. §§2257 and 2257A, the federal performer record-keeping statutes for adult entertainment producers.

U.S. District Judge Michael Baylson today entered a judgment in favor of the adult entertainment trade group and against the government over portions of 2257 that require recordkeepers to "make such records available to the attorney general for inspection at all reasonable times,” as well as its implementing regulations under 28 C.F.R. §75.5.

Baylson said that those elements of 2257 were facially unconstitutional under the Fourth Amendment, which protects against unreasonable searches and seizures.

J. Michael Murray, one of the attorneys representing the FSC in the long-running case, told XBIZ that the outcome over the Fourth Amendment issues in the case was “very exciting” and that Baylson’s ruling represented a “great achievement.”

“What still remains in the case are the First Amendment issues,” Murray said. “But with this judgment, the government can’t come unannounced seeking records.

“There still is more litigation, and I recommend for adult producers to comply [with 2257 requirements]. Ultimately, we are trying to [dismantle] the entire statutory scheme.”

The Free Speech Coalition and various performers and industry stakeholders sued the government over the laws, holding that the inspection provisions of the statutes are facially unconstitutional.

Baylson’s ruling over the Fourth Amendment issues in the case follows a 3rd U.S. Circuit Court of Appeals judgment made against the government in August.

The case then moved back to Baylson’s courtroom in Philadelphia to determine whether the statutes withstand strict scrutiny, which presumes a law to be invalid unless the government can prove the law's constitutionality and demonstrate a compelling governmental interest in keeping it.

Today, Baylson ruled for the FSC and Murray, along with co-counsel Lorrie Baumgardner.

Murray said that the next phase of the case will move to the First Amendment issues. He told XBIZ that he has a conference call scheduled with Justice Department attorneys and Baylson later this month.

Upon comment, Lawrence Walters, an industry attorney at Walters Law Group, told XBIZ: "This judgment makes the 3rd Circuit ruling official, and confirms that the requirement of producing 2257 records without a warrant violates the Fourth Amendment."

Industry attorney Marc Randazza of Randazza Legal Group told XBIZ late Tuesday that he was not surprised of Baylson’s decision.

“With the great legal team they had, this is no surprise,” Randazza said. “[They’ve been] a great service to the Constitution.”

View 2257 judgment

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

Final Defendant Sentenced in GirlsDoPorn Case

Former adult producer Doug Wiederhold, previously a business partner of GirlsDoPorn owner Michael Pratt, was sentenced on Friday in federal court to four years in prison for conspiracy to commit sex trafficking.

Connie Perignon Fronts Latest From Brazzers

Connie Perignon stars with Abigaiil Morris and Kira Noir in the latest release from Brazzers, titled "Fast Food Fight & Fuck."

Bella Bare Makes Her WIFEY Debut

Bella Bare stars with her husband The Remedy, Chocolate Rod, and Richard Mann in the latest release from Vixen Media Group studio imprint WIFEY.

FTC Takes Another Step Toward New 'Click to Cancel' Rule

The Federal Trade Commission (FTC) is negotiating the latest procedural hurdle in its effort to renew rulemaking concerning negative option plans, after a federal court previously vacated a “click-to-cancel” rule aimed at making it easier for consumers to cancel online subscriptions.

Mandii Rose Makes Her MYLF Debut

Mandii Rose has made her MYLF debut alongside Axel Haze in the studio’s latest release.

Pineapple Support, Brazzers to Host 'Navigating Relationships' Support Group

Pineapple Support and Brazzers are hosting a free online support group for performers to build and maintain healthy relationships.

Aylo, SWOP Behind Bars to Host 'Deplatforming' Community Panel

Aylo and Sex Workers Outreach Project (SWOP) Behind Bars will host a panel on creators’ rights and deplatforming on Feb. 10 at 3 p.m. (EST).

Bobbii Rose Makes Her TransAngels Debut

Bobbii Rose has made her TransAngels debut opposite Chad Dorado in the studio’s latest release, titled “Furry Fantasy.”

Greta Foss, Sofia Smith Topline Angelo Godshack's 'Angels of Hardcore 4'

Greta Foss and Sofia Smith headline director Angelo Godshack’s “Angels of Hardcore 4,” from Evil Angel.

Adult Trade Group Pearl Industry Network to Debut at Taboo Vancouver

Pearl Industry Network (PiN), a new trade group for the adult industry focused on content creators, will debut at Taboo Vancouver adult lifestyle and wellness expo next week.

Show More