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 © 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

Juliana Marie, Alaina Taylor Lead Latest From Family Strokes

Juliana Marie and Alaina Taylor star with Jayden Marcos in the latest from Family Strokes’ “PervMom” series, titled “If Your Girlfriend Wants to Be a Part of the Family, She Has to Share Your Cock.”

SWR Data Publishes 2026 'Hot List' Report

Adult industry market research outfit SWR Data has published its 2026 Hot List report on the top creator platforms of 2025.

Adult Time, AgentRedGirl Drop 2nd Installment of 'Oopsie! Animated'

Adult Time has released the second episode of "Oopsie! Animated," a limited futanari-themed series produced in collaboration with animation studio AgentRedGirl.

Zariah Aura, Yhivi Headline 'Salacious TS Encounters 3' From TransSensual

Zariah Aura and Yhivi topline “Salacious TS Encounters 3” from Mile High Media studio imprint TransSensual.

Adult Chat Platform Arousr Sets Human-Only Host Policy

Adult chat platform Arousr has announced a policy to only use verified human hosts, not chatbots.

Arizona State Legislator Proposes Porn Ban

A member of Arizona’s House of Representatives on Wednesday introduced a bill that would make it illegal to produce or distribute adult content in that state.

VR Bangers Celebrates 10th Anniversary

VR Bangers has marked its 10-year anniversary.

Maddie V Baby Is Hustler's 'Cover Honey' for February

Maddie V Baby is the Cover Honey for the February issue of Hustler Magazine and appears in a 14-page centerfold spread shot by Ellen Stagg.

SinfulXAI to Launch New AI Generator

AI companion platform SinfulXAI has announced its new AI video generator, launching in February.

Victoria Grant Fronts Latest From TransAngels

Victoria Grant stars with Johnny Palms in the latest release from TransAngels, titled “Balls Deep in My Football.”

Show More