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

California, Florida Reps File Latest Bill to Repeal Section 230

Two members of Congress on Thursday introduced new legislation to repeal Section 230 of the Communications Decency Act, which protects interactive computer services — including adult platforms — from liability for user-generated content.

Amy Nosferatu Stars in 'Pin-Up Pinned Down' From TransAngels

Amy Nosferatu stars with Everlyy666 in the latest scene from TransAngels, titled “Pin-Up Pinned Down.”

Admaze Introduces Flat-Rate Media Buying for Publishers, Advertisers

Adult ad network and agency Admaze has introduced a flat-rate media buying model for publishers and advertisers.

Centro Launches Lifetime Revenue Share Affiliate Program 'CentroPulse'

Centro has launched CentroPulse, its new lifetime revenue share affiliate program for performance marketers, adult traffic affiliates, established webmasters, and sub-affiliate network operators.

Fanstage Launches Telegram Sales Solution

Fanstage has launched its new platform, allowing creators to sell PPV content directly from their Telegram DMs.

On the Set: Ricky Greenwood Goes Intergalactic With 'Mega Perv'

Somewhere on the mean streets of Downtown Los Angeles, Scott Nails wears a Speedo while being chased by a giant scrotum that resembles the boulder Indiana Jones narrowly escaped in "Raiders of the Lost Ark."

Second Bill Proposed to Shield US Sites From 'Foreign Censorship'

For the second time in recent weeks, a Republican congressman has introduced legislation to bar U.S. courts from helping to enforce foreign laws restricting speech that would domestically be protected under the First Amendment, potentially including foreign age verification laws.

Jessi Rae Performs Her 1st Anal in 'Equilibrium' Finale From Deeper

Jessi Rae performs her first anal scene, opposite multi-XMAs winner Alex Jones, in the final installment of “Equilibrium,” from Vixen Media Group’s studio imprint Deeper.

SextPanther Launches in EU, UK

SextPanther has expanded its territory to include the U.K. and E.U.

Melissa Stratton Headlines 5th Volume of 'Massage Parlor' From Reality Junkies

Melissa Stratton toplines the fifth volume of "Massage Parlor" from Mile High Media studio imprint Reality Junkies.

Show More