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

Dainty Wilder: From Shy Figure Skater to Squirting Superstar

Upon request, Dainty Wilder will enthusiastically perform explicit sex acts for her adoring fans during a livestream — but she does have certain limits.

Reptyle to Premiere Cross-Site Release 'Spring Break '26'

Reptyle will debut its new cross-site release, "Spring Break '26," across studio imprints TeamSkeet and Family Strokes.

Aleksa Mink, Payton Preslee Star in Latest From Lesbian X

Aleksa Mink and Payton Preslee star in the latest release from X Empire studio brand Lesbian X, titled “Curvy Girls Playtime.”

Micky Muffin Toplines Private's 'Kitty Fucking Berlin'

Micky Muffin headlines the latest feature from Private, titled "Kitty Fucking Berlin."

Rachael Cavalli, Manuel Ferrara Lead Latest From Jules Jordan

Rachael Cavalli stars with multi-XMAs winner Manuel Ferrara in the latest release from Jules Jordan.

Penny Barber Stars in Latest From Kink.com

2025 XMAs MILF Performer of the Year Penny Barber stars with Scarlette Moon in the latest installment of Kink.com's "Whipped Ass" series, titled "Deep Inside the Splash Zone."

Lauren Phillips Fronts Latest From MYLF

2024 XMAs MILF Performer of the Year Lauren Phillips stars with Nick Strokes in the latest release from MYLF, titled “Sweat, Cum, and Glory: Lauren’s Sexy Aerobics Routine.”

Nikita Bellucci Stars in Dorcel's 'M.I.L.F.S. Vol. 4'

Nikita Bellucci headlines the latest feature from Dorcel, titled “M.I.L.F.S. Vol. 4.”

Ashley Makes Her WIFEY Debut

Creator Ashley stars with her husband Kyle and Lil D in the latest release from Vixen Media Group studio imprint WIFEY.

Jennifer White, Vanna Bardot Headline Jonni Darkko's 3rd 'POV Anal Sluts'

Vanna Bardot and newly crowned XMAs Female Performer of the Year Jennifer White topline director Jonni Darkko’s third volume of “POV Anal Sluts,” from Evil Angel.

Show More