FSC Asks Court to Reconsider 2257 Decision

PHILADELPHIA — The Free Speech Coalition on Tuesday filed a so-called Rule 59(e) motion to reconsider the adult industry trade group’s lawsuit over 18 U.S.C. § § 2257 and 2257A.

In late July, U.S. District Judge Michael Baylson granted the government’s motion to dismiss FSC’s lawsuit, which contends that 2257 and 2257A regulations are unconstitutional, as well as an unfair burden placed to producers to comply with the regulations.

FSC said they filed the motion on Rule 59(e) to alter or amend a judgment because they believe that Baylson failed to address the key constitutional question in the case.

The FSC said that the court "overlooked a subtle but critical point: that the comprehensive record keeping interest to which the challenged statutes are narrowly tailored is meaningfully different than the government’s significant – indeed compelling – interest in suppressing child pornography."

"The burdens which it imposes upon speakers who produce or reproduce no child pornography at all and, even more importantly, on expression which is not, in fact, child pornography are very serious," the FSC said its motion. "Congress may not substantially burden protected expression merely because it may resemble unprotected expression.

"Producers who have never had anything at all to do with child pornography are required, on pain of a federal felony conviction, to invest very substantial time, effort, and resources in an extremely elaborate and pervasive record keeping scheme."

Many of the secondary producers, the FSC said, have never actually created a sexually explicit image at all and never will.

"All of them devote substantial resources to record keeping which would otherwise be available to fill the demand for more expression," the FSC said. "Still others are so chilled by the elaborate requirements and the serious criminal penalties that they refrain from creating or reproducing any sexual expression at all.

"The government's express warning that each primary and secondary producer will remain culpable for any failure on the part of a third-party record keeper currently chills reasonable producers from relying upon them."

The motion was filed by FSC attorneys Michael Murray and Lorraine Baumgardner with assistance of attorney Reed Lee, an FSC board member and Legal Committee chair. 

“We are looking for this motion to pinpoint the focus to the critical points of the litigation,” Lee said.

Diane Duke, executive director of the FSC, said that she's optimistic the court will consider the issue.

"In his decision, Judge Baylson failed to address what we believe to be one of the most key components of our argument," Duke told XBIZ. "By filing the rule 59(e) we will give him the opportunity to fully consider and address the issue."

A motion to alter or amend a judgment must be filed no later than four weeks after the entry of the judgment, the FSC said. The government then has two weeks to reply to the motion.

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

Italian Court in Aylo Case Limits International Reach of AV Rules

An Italian administrative court has ruled that Italy’s recently-enacted age verification rules for adult content may not currently be enforced against sites based in other EU member states, pending further procedural action under the EU’s Directive on Electronic Commerce.

OCC, FDIC Prohibit Use of 'Reputation Risk' by Regulators

The Office of the Comptroller of the Currency (OCC) and the Federal Deposit Insurance Corporation (FDIC) on Tuesday issued a final rule codifying the elimination of ‘reputation risk’ from their supervision of financial institutions.

Kasey Kei Stars in Latest From GenderX

Kasey Kei stars with Jade Radd and Sage Roux in the fourth installment from the new GenderX title, "Trans Honey Trap #5."

Brittney Kade, Jessica Ryan Front New Transfixed Release

Brittney Kade and Jessica Ryan star with and Sage Roux in the latest release from Transfixed, titled "Menage a Trans #10."

Andi Avalon, Koda Monroe Lead New Threesome From Brazzers

Andi Avalon and Koda Monroe star with Victor Ray in the latest release from Brazzers, titled "MILF Meter Blast-Off.”

Yhivi Stars in Latest From Brazzers

Yhivi stars with Brazzers exclusive Girthmasterr in the studio's latest release, titled "Wild Nights."

Milena Ray Leads Dorcel's 'PL4Y #3'

Milena Ray headlines the latest release from Dorcel, titled “PL4Y #3.”

Ivy Ireland Toplines Vince Karter's 'Karter Kreation 2'

Ivy Ireland headlines reigning and three-time XMAs Male Performer of the Year Vince Karter’s latest Evil Angel directorial, “Karter Kreation 2.”

Leana Lovings Returns to Hentaied

Leana Lovings stars in the latest Hentaied scene, titled “Containment Breach.”

Wisconsin Governor Vetoes Age Verification Bill

Gov. Tony Evers on Friday vetoed AB 105, an age verification bill that would have allowed anyone to sue adult content providers for damages over alleged failure to age-verify users in Wisconsin, with penalties of up to $10,000 per violation.

Show More