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

Avery Lust, Chanel Chance Star in Latest From TGirls.Porn

Avery Lust and Chanel Chance star in the latest release from Grooby paysite TGirls.Porn, titled "The New Faces."

Tiffani Madison Makes Her FreeUse Debut

Tiffani Madison stars alongside Dannny Steele and Enzo East in her debut scene for FreeUse, titled “The Breeding Law.”

Eva Angelina Makes Her Tushy Debut

Eva Angelina has made her debut for Vixen Media Group studio imprint Tushy.

FSC Talks Age Verification on Capitol Hill

The Free Speech Coalition (FSC) has published a blog post detailing the organization's talks on age verification on Capitol Hill in Washington.

Catherine Knight, Dolly Dyson Star in Latest From Blacked Raw

Catherine Knight stars with Dolly Dyson in the latest release from Vixen Media Group studio imprint Blacked Raw.

FTC Warns PayPal, Stripe, Visa, Mastercard Against Debanking

Federal Trade Commission Chairman Andrew Ferguson sent letters on Thursday to the CEOs of PayPal, Stripe, Visa and Mastercard, warning them against debanking practices — including denying access to services due to a customer’s lawful business activities.

AEBN Publishes Report on Ejaculate Trends

AEBN has published a report on ejaculate categories from its straight and gay theaters.

Brooke Tilli Makes Her Brazzers Debut

Brooke Tilli has made her Brazzers debut alongside studio exclusive Girthmasterr in "Who's In Charge Here!?"

Chaturbate to Hold 'CB15' Creator Retreat in Arizona

Chaturbate will hold its CB15 creator retreat in Scottsdale from April 20-23.

EU Cites 4 Adult Sites for AV Breaches

The European Commission has preliminarily found PornHub, Stripchat, XNXX and XVideos to be in breach of Digital Services Act provisions intended to shield minors from adult content.

Show More