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

Lia Lin Stars in Latest From Brazzers

Lia Lin stars with Jordi El Nino Polla in the latest release from Brazzers, titled "Giving Her All She Can Handle."The scene opens with Lin and Polla flying to Europe to shoot together for the first time.

Appeals Court Upholds Section 230 Immunity in XVideos Case

The U.S. Court of Appeals for the 9th Circuit has upheld a lower court’s ruling that Section 230 protects WebGroup Czech Republic from liability in a case involving user-uploaded CSAM on its tube sites.

Isa Bella Stars in Latest From New Sensations

Isa Bella stars with Isiah Maxwell in the latest release from New Sensations.

Andi Avalon, Little Puck Front Latest From Swappz

Andi Avalon and Little Puck star in the latest release from Swappz.

Jade Venus, Baxxx Lead Latest From TransSensual

Jade Venus and Baxxx star in the latest release from Mile High Media studio imprint TransSensual, titled "Happy Ending."

Charlotte Sins, E. Streetcar Star in Latest From Transfixed

Charlotte Sins and E. Streetcar star in the latest release from Transfixed, titled "Make Her Ex Squirm."

Lilly Bell Stars in Latest From Brazzers

Lilly Bell stars with Scott Nails in the latest release from Brazzers, titled "Tradwife’s Slutty Secret."

JustFor.fans Wins Trademark Infringement Case Against Fraudulent Domain

The World Intellectual Property Organization (WIPO) has ruled in favor of fan site JustFor.fans in a case against a website using an infringing domain.

Elegant Angel Debuts 'Charlotte Sins Is Slutwoman' Showcase

Charlotte Sins takes on the role of "Slutwoman" in the latest iteration of Elegant Angel's signature showcase series.

Jade Venus, Zariah Aura Topline Latest Volume of Aiden Starr's 'PansexualX Porn Crush'

Jade Venus and Zariah Aura headline director Aiden Starr's "PansexualX Porn Crush 14," from Evil Angel.

Show More