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

Emma Rose, Kasey Kei Star in Latest From Transfixed

Multi-XMAs winner Emma Rose and Kasey Kei star with Ameena Green in the latest release from Transfixed, titled "A Nuru Solution."

Aylo Case Against Utah VPN Rule on Hold Pending Legislative Changes

A federal court has paused Aylo’s suit over a Utah law making adult websites liable if minors bypass age verification by circumventing geolocation efforts, until the state legislature can meets to potentially amend the statute.

Dorcel Drops Franck Vicomte's 'Our First Orgy'

Dorcel has released director Franck Vicomte's latest feature, "Our First Orgy."

Khloe Kapri Headlines 'After Hours' From Sweet Sinner

Khloe Kapri toplines "After Hours," the latest release from Mile High Media studio imprint Sweet Sinner.

Angela White Stars in Jonni Darkko Blowbang Release

Multi-XMAs winner Angela White stars in a new blowbang release from Evil Angel, directed by Jonni Darkko.

Violet Voss Makes Her Deeper Debut

Violet Voss has made her debut for Vixen Media Group studio imprint Deeper alongside Alex Jones in the studio's latest release, titled "Absolution."

Kayden Kross Explores the Divine Side of Desire in 'Equilibrium'

For as long as humans have told stories, goddesses have embodied our fascination with desire, temptation and pleasure. Kayden Kross taps into that ancient fascination in "Equilibrium," her five-part fantasy feature for Deeper, where desire exists on two planes. On the surface, pleasure collides with duty, appearances and expectations. But beneath it lies an underworld of the psyche, where desire takes physical form and characters confront the parts of themselves they would rather keep buried.

'Heaven & Hell' Industry Bash Set for Oct. 30 in Hollywood

The annual Heaven & Hell adult industry Halloween party will take place Friday, Oct. 30, at Jungle in Hollywood.

German High Court Puts Pornhub, YouPorn 'Network Ban' on Hold

A German high court on Friday temporarily barred a state media regulator from ordering internet providers to cut off access to Aylo-owned adult sites Pornhub and YouPorn in Germany, pending further action by Cypriot and European Union authorities.

VMG Debuts New Series 'WIFEY Vacay'

Vixen Media Group studio imprint WIFEY has premiered its international series "WIFEY Vacay."

Show More