U.S. Supreme Court Rejects 2257 Challenge

WASHINGTON — Without comment, the U.S. Supreme Court on Monday denied a challenge to 18 U.S.C. § 2257, the federal recordkeeping and labeling law for the adult entertainment industry.

The 14-year-old case weighed by the court, Connection Distributing Co. vs. Holder, involved the ability of a publishing company to post sexually explicit photos of swingers to accompany advertisements seeking like-minded adults.

But on Monday, the justices’ refused to reconsider a ruling by the 6th U.S. Circuit Court of Appeals, which reaffirmed the legality of 2257.

The justices’ denial is a big defeat for the Free Speech Coalition, which tapped attorney J. Michael Murray and the Cleveland-based law firm of Berkman, Gordon, Murray and DeVan to move forward with litigation earlier this year.

FSC attorneys argued that 2257 is overly broad because it requires age verification for older adults and because it applies to couples in their own homes.

Diane Duke, executive director of the FSC, told XBIZ that she was disappointed that the Supreme Court didn’t grant cert.

“2257 does nothing to stop child pornography; it does nothing more than overburden legal adult businesses,” she said. “It is outrageous it is unconstitutional and we are going to continue the fight.

“FSC is prepared to continue the fight challenging the new regulations and broadening the plaintiff base,” she said.

The government, in a brief to the court, argued that the 6th Circuit correctly held that 2257 is constitutional as applied to the Connections case.

“Not only is there no conflict among the courts of appeals on this issue, but as the [6th Circuit] en banc court recognized, Section 2257 ‘has withstood every as-applied 1st Amendment challenge to the law by the real people and businesses to whom it most naturally has been applied over the last 20 years,’” said the brief, noting that the record-keeping statute is content-neutral because it is justified without reference to the content of the regulated speech.

Government attorneys also argued that 2257 doesn’t necessarily ban sexually explicit images.

“As long as producers of sexually explicit depictions comply with the statute's recordkeeping and disclosure provisions, they are free to express any message they want,” the brief said. “Section 2257 regulates only the manner in which the images are produced, to combat the use of underage performers.”

On Monday, the justices agreed with the government in Connections vs. Holder, 08-1449.

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

Madison Wilde, Serena Hill Topline Latest 'Bad Lesbian'

Madison Wilde and Serena Hill headline the 21st volume of "Bad Lesbian" from Girlfriends Films.

AEBN Publishes Report on POV Trends

AEBN has published a report on POV and gonzo categories from its straight and gay theaters.

Joybear Pictures to Launch 'I Really Love' Studio Imprint

Joybear Pictures has announced that its new studio imprint, I Really Love, will launch in January.

GoFundMe Launched for Veteran Lighting Director James 'NoNo' Nono

A GoFundMe campaign has been launched to assist longtime adult industry lighting director James “NoNo” Nono and his wife, Stephanie Ross.

Pineapple Support to Host 'Life Transitions' Support Group

Pineapple Support is hosting a free online support group on navigating transitional and liminal spaces.

Lulu Chu Stars in Latest Installment of 'Under the Bed'

Lulu Chu stars with Sophia Locke and reigning XMAs MILF Performer of the Year Penny Barber in the latest installment of Pure Taboo series “Under the Bed,” titled “The Growth.”

Foxxy, Avery Lust Star in Latest From TGirls.Porn

Foxxy and Avery Lust star in the latest release from Grooby paysite TGirls.Porn, titled “BFFFs: Best Fucking Friends Forever.”

CamSoda Launches 'Trick or Tease' AI Companions

CamSoda has launched its Halloween-themed Trick or Tease AI companions.

Yhivi Stars in Latest From Brazzers

Yhivi stars with Liz Jordan and multi-XMAs winner Mick Blue in the latest Brazzers scene, “The Help Is Horny.”

Brittany Andrews Stars in New Elegant Angel Release

Brittany Andrews stars with Danae Mari and Van Wylde in a scene from Elegant Angel, titled “Big Tit MILF Attack.”

Show More