FSC Makes Additional Arguments Against 2257

CANOGA PARK, Calif. — As requested by the judge, the Free Speech Coalition submitted a brief to the U.S. District Court today making additional arguments on two key issues in their case against 18 U.S.C. § § 2257 and 2257A.

According to court documents, FSC attorneys claim that “portions of the statutes and regulations are unconstitutionally vague” and say that “a law is unconstitutional if its provisions are so vague or imprecise that persons of ordinary intelligence must guess at its meaning and may differ in their understanding as to its application.”

Attorney J. Michael Murray told XBIZ that it’s difficult for anyone to know what images are covered.

“People are entitled to know what images require them to keep records,” he said.

More specifically, he added that statutory terms such as “actual or simulated sadistic or masochistic abuse, simulated lascivious exhibition of the genitals or public region and simulated masturbation” are vague, imprecise and therefore, unconstitutional.

The court documents further say that because of the sweeping and vague language of 2257 and 2257A, it is uncertain which types of images constitute sadomasochism that trigger the statute’s record keeping and labeling requirements.

The second key issue addressed is “the record keeping statutes violate the 5th Amendment.”

The documents say “the statutes allow the use of the information from the records that they compel to be created, maintained and inspected to be used as evidence in a criminal obscenity prosecution against the person required to create and maintain such records.”

In addition, the court papers say that when the law allows the government to use information contained in those records to prosecute related criminal actions, it violates the 5th Amendment’s prohibition against self-incrimination.

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

UPDATED: Court Approves Class Action in Labor Claims Against VMG

A U.S. district court has granted class certification in a civil lawsuit filed against Vixen Media Group (VMG) by retired performer Kenzie Anne, making it possible for additional performers to join in a class action against the company.

Pervz Drops Latest Installment of 'Polar Opposites'

Pervz has debuted the latest installment of the Reptyle cross-site release "Polar Opposites," starring McKenzie Mae, Emma Rosie, Demi Hawks, Coco Lovelock, and Danny Mountain.

Brazil Invites Public Input on Guidelines for New Digital Law

Brazil’s National Data Protection Authority (ANPD) is soliciting public comments to help improve interpretation and application of the country’s Digital Statute for Children and Adolescents (Digital ECA), which requires adult websites to age-verify users located in Brazil.

Jasmine Sherni, Blake Blossom Headline 'Dirty Talk' From Dorcel

Jasmine Sherni and Blake Blossom star in "Dirty Talk," the latest feature from Dorcel.

Scarlett Alexis, Vince Karter Front Latest From Bellesa Plus

Scarlett Alexis and three-time XMAs Male Performer of the Year Vince Karter star in the latest release from Bellesa Plus, titled “Obedience.”

Aleksa Mink Stars in Latest From HardX

Aleksa Mink stars with Isaiah Maxwell in the latest release from XEmpire studio brand HardX.

X3 Expo Unveils Euro All-Stars for Inaugural Amsterdam Edition

X3 Expo, Hollywood's premier adult entertainment expo, makes its European debut at Passenger Terminal Amsterdam Sept. 11-12, bringing together fans, creators, and industry insiders for the Continent’s largest assembly of adult entertainment stars, alongside a dazzling lineup of attractions spotlighting the cutting edge of modern media and pleasure tech.

2026 Pornhub Awards Nominees Announced

The list of nominees has been revealed for the eighth annual Pornhub Awards, which will be held May 27 in Los Angeles.

AEBN Publishes Popular Searches by Country for February, March

AEBN has released the list of popular searches from its straight and gay theaters, by country, for February and March.

Andi Avalon, Madelyn May Front Latest From New Sensations

Andi Avalon and Madelyn May star in the latest release from New Sensations.

Show More