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 © 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

Goddess Lilith Launches 'Adultpreneurs' Networking Site

Goddess Lilith has launched Adultpreneurs, a new community and networking site.

Leilani Li, Arson Leigh Star in Latest From Kink.com

Leilani Li and Arson Leigh star with Baxxx in the latest release from Kink.com's KinkTrans studio brand, titled "Open Your Hole, Fuckmeat!"

Adult Venue Marketplace 'FckSpace' Launches

The adult venue marketplace FckSpace has officially launched.

Chloe Amour, Katerina Karson Topline 'Mom's Lesbian Lover'

Chloe Amour and Katerina Karson headline "Mom’s Lesbian Lover," from Girlfriends Films.

Freya Von Doom Leads Latest From TeamSkeet

Freya Von Doom stars with Juan Largo in a new scene for TeamSkeet’s “Freaky Fembots” series.

Brazzers Premieres Limited Series 'The Three Fucks of Christmas'

Brazzers has released the first installment of its new limited series, "The Three Fucks of Christmas."

Elise London Performs 1st Girl/Girl in Latest From Girlsway

Elise London has performed her first girl/girl scene opposite Lilibet Saunders in the latest Girlsway release, titled “Spooned by StepMommy.”

Proxy Paige Drops New Evil Angel Release With Siswet

Siswet stars in a new Proxy Paige-helmed Evil Angel scene.

Selina Bentz Makes Her New Sensations Debut

Selina Bentz has made her New Sensations debut, starring alongside Gunnar Bishop.

Florida Attorney General Dismisses AV Suit Against Segpay

The Florida attorney general’s office on Monday agreed to dismiss claims against payment processor Segpay in a lawsuit over alleged noncompliance with the state’s age verification law.

Show More