2257 Suit Now Focusing on 1st Amendment Issues

2257 Suit Now Focusing on 1st Amendment Issues

PHILADELPHIA — A federal judge has scheduled deadlines for briefs to be filed in the Free Speech Coalition’s continuing lawsuit over the legality of federal performer record-keeping statutes for adult entertainment producers.

Last month, U.S. District Judge Michael Baylson ruled that elements of 18 U.S.C. §§2257 and 2257A were facially unconstitutional under the Fourth Amendment, which protects against unreasonable searches and seizures.

Now the pendulum swings over to First Amendment issues.

Last week, FSC attorneys J. Michael Murray and Lorraine Baumgardner filed a motion asking for an entry of judgment declaring that 2257 also violates free speech rights.

Justice Department attorneys, meanwhile, filed their own motion seeking an entry of judgment, concluding that 2257 and its implementing regulations aren’t facially overbroad.

In its motion, the FSC said that the government has failed to satisfy its burden of demonstrating that 2257 and its regulations survive strict scrutiny and they, therefore, are unconstitutional on their face and as applied under the First Amendment. Strict scrutiny presumes a law to be invalid unless the government can prove the law's constitutionality and demonstrate a compelling governmental interest in keeping it.

The FSC in their brief noted that 2257 doesn’t directly and materially advance a compelling interest in preventing children from appearing in sexually explicit expression; doesn’t narrowly tailored to achieve the government’s interest in preventing children from appearing in sexually explicit expression; and isn’t not the least restrictive means in achieving the government’s interest in preventing children from appearing in sexually explicit expression.

In addition, the FSC said the problem that 2257 was enacted to address — the use of underage performers in the production of adult films — does not exist and is unsupported by any evidence.

“[The federal record-keeping law and its] implementing regulations … are unconstitutionally overbroad,” the FSC wrote.

The FSC and Justice Department attorneys made a conference call last week with Baylson to knock out a briefing schedule for the coming months.

The FSC’s opening brief will be filed by Feb. 24, with the government’s response filed by March 27. A reply brief will be due from the FSC on April 17.

Oral arguments, Baylson stated, will be scheduled at a later date.

Related:  

Copyright © 2024 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

Missouri Republican Behind FOSTA-SESTA Renews Attack on OnlyFans

Rep. Ann Wagner, the Missouri Republican legislator who was the original architect of FOSTA-SESTA, has renewed her call for federal action against OnlyFans.

Idaho Legislature Passes Republican Age Verification Bill With Full Democratic Support

The Idaho legislature has passed the state’s version of the age verification bills being sponsored around the country by anti-porn religious conservative activists.

SINematica Names Emily Pink March's 'Most Valuable Performer'

SINematica has crowned Columbian star Emily Pink as Most Valuable Performer for the month of March, with a spotlight scene opposite Yannick Shaft and Erik Everhard.

Agatha Vega, Nicole Aria, Angel Gostosa Co-Star in SexLikeReal's 'Sexual Anthropology'

Agatha Vega, Nicole Aria and Angel Gostosa co-star in SexLikeReal’s latest scene, “Sexual Anthropology.”

MYLF Debuts New Series 'Oye Mami'

MYLF has released the premiere episode of its newest series, "Oye Mami," titled "Fighting for a Promotion."

Cecelia Taylor Toplines Latest Volume of Bryan Gozzling's 'Hookup Hotshot: E-Girls'

Cecelia Taylor headlines director Bryan Gozzling's "Hookup Hotshot: E-Girls 15," from Evil Angel.

Valentina Nappi, Katrina Colt Star in Latest 'Lez Be Bad'

XBIZ Award winner Valentina Nappi stars with Katrina Colt in "Cheating in Plain Sight," the latest episode of Adult Time's "Lez Be Bad."

Pre-Nom Period for 2024 XBIZ Creator Awards Ends Monday

The deadline for pre-nomination entries for the 2024 XBIZ Creator Awards is Monday, March 18 at 11:59 p.m. PDT.

Rep. Alexandria Ocasio-Cortez Partners With Anti-Porn Lobby NCOSE

Democratic New York Rep. Alexandria Ocasio-Cortez issued a press statement last week prominently highlighting her partnership with religiously-inspired anti-porn lobby NCOSE, an organization that seeks to criminalize all sex work and eradicate adult content, and that has an extensive, well-documented history of championing state censorship and opposing LGBTQ+ rights.

Age Verification Trade Group Weighs In on UK Consultation

The Age Verification Providers Association (AVPA) filed earlier this month its response to U.K. media regulator Ofcom's consultation soliciting feedback on the regulation of adult websites under Part 5 of the Online Safety Act.

Show More