Federal Judge Dismisses FSC’s 2257 Suit

PHILADELPHIA — U.S. District Court Judge Michael Baylson has granted the government’s motion to dismiss FSC’s 18 U.S.C. § § 2257 and 2257A lawsuit.

The decision comes nearly 10 months after FSC’s initial filing.

“We are disappointed but not surprised,” said Diane Duke, FSC’s executive director. “We could tell at the onset that this judge was going to be a challenge.”

FSC and its attorneys are reviewing the decision over adult record-keeping laws and will comment further on the decision later this week.

“We’ve known all along that the [federal] district courts would be a challenge, as they are staffed with Bush appointees.” Duke said. “Our next option is an appeal at the [federal] circuit court level. We are in the 3rd [U.S. Circuit Court of Appeals] — an optimal circuit for our appeal.”

The FSC, in its original complaint, said the revised 18 U.S.C. § § 2257 and 2257A regulations are unconstitutional, as well as an unfair burden placed to producers to comply with the regulations.

At the time FSC attorney Michael Murray said he planned a “substantial constitutional attack.”

The 14 plaintiffs attached to the suit with the FSC represent a rainbow of individuals, organizations and companies that one way or another publish or screen erotic material, from performers to photographers to studios to an adult entertainment business journalist.

So far, none of the co-plaintiffs have been approached by federal authorities over 2257 record-keeping queries. The 14 co-plaintiffs in the case are:

  • The American Society of Media Photographers, which represents 7,000 members.

  • Barbara Nitke, a teacher at the School of Visual Arts in New York and a commercial photographer.

  • David Steinberg, a photographer and writer of sexual issues.

  • Nina Hartley, a performer and website owner.

  • Michael Barone, a photographer.

  • Dave Cummings, an adult industry performer who owns numerous websites.

  • Tom Hymes, an adult industry journalist who runs a website.

  • Sinclair Institute, which operates sexual health clinics.

  • Channel 1 Releasing, which operates a gay porn studio.

  • Barbara Alper, a photographer.

  • Carol Queen, a sexologist and feminist sex educator.

  • Dave Levingston, a photographer.

  • Betty Dodson and Carlin Ross, who co-host a website.
On Tuesday, Baylson rejected the FSC's case, focusing on the trade group's 4th Amendment challenge.

Baylson, in his decision, said that "the government has a substantial interest in preventing sexual exploitation of children in the production of such depictions."

He noted "producers of such depictions have adequate notice that their records will periodically be inspected by government officials" and that "Congress has both authorized inspections and created rules, further fleshed out by implementing regulations, governing the procedures that inspectors must follow."

Baylson also said that his holding is consistent with case law relative to administrative searches and that the searches are for "specific and limited purpose" of inspecting records required in a regulatory scheme.

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

Penny Barber Stars in Latest From MILFY

Penny Barber stars with Filou Fitt in the latest release from Vixen Media Group studio imprint MILFY.

UK Parliamentary Group Calls for Outlawing Cam Platforms

The U.K. Parliament’s All-Party Parliamentary Group (APPG) on Commercial Sexual Exploitation has published a report in which it calls for banning adult livestreaming platforms.

Rissa May Toplines 'My Son's Fiancee' From Sweet Sinner

Rissa May headlines "My Son's Fiancee," the latest release from Mile High Media studio imprint Sweet Sinner.

Ariel Demure, Maisey Monroe Star in 4th Installment of 'Ripped for Their Pleasure' From Gender X

Reigning and two-time XMAs Trans Performer of the Year Ariel Demure stars with Maisey Monroe in the fourth installment of "Ripped for Their Pleasure," the latest title from Gender X Films.

Delilah Raige Makes Her Brazzers Debut

Delilah Raige has made her debut for Brazzers alongside Ricky Johnson in "Raige Hits The Stage."

Ofcom Escalates Sun Social, Superb Convert Investigations

U.K. media regulator Ofcom has ramped up its ongoing Online Safety Act (OSA) compliance investigations into PlayVids/PeekVids operator Sun Social Media and PimpBunny operator Superb Convert.

Centrobill Rolls Out Apple Pay, Google Pay Options

Centrobill has added Apple Pay and Google Pay options for merchants.

Bellesa to Drop New Installments of 'Euro House'

Bellesa will release new episodes of its series "Euro House" after a three-year hiatus.

Judge Preliminarily Approves Pornhub Class Action Settlement

A U.S. District Court judge on Monday granted preliminary approval to a settlement between Aylo and the plaintiffs in two class-action lawsuits over allegations that former Pornhub parent company MindGeek knowingly allowed and profited from CSAM on its sites.

Anissa Kate, Koda Monroe Front Latest From Brazzers

Anissa Kate and Koda Monroe star with Jimmy Bud in the latest release from Brazzers, titled "Messy Massage, Amazing Anal."

Show More