FSC Files Appeal of 2257 Suit Dismissal

PHILADELPHIA — The Free Speech Coalition and 14 co-plaintiffs on Wednesday filed an appeal with the 3rd U.S. Circuit Court, challenging the constitutionality of 18 U.S.C. § 2257, the federal record-keeping and labeling act.

The appeal is in response to U.S. District Judge Michael Baylson's decision last July to grant the government’s motion to dismiss FSC’s 2257 suit.

FSC attorneys Michael Murray and Lorraine Baumgardner filed the appeal against Attorney General Eric Holder, claiming the lower court erred in dismissing its complaint because the adult industry trade group presented plausible claims for relief under the 1st, 4th and 5th Amendments.

The FSC, on appeal, said that the statutory purpose of 2257 is designed to influence the content of speech and that 2257 is overinclusive.

"In imposing their burdens on expression depicting adults, the statutes do not directly and materially advance the government’s interest in combating child pornography," the appeal said.

The inspection regimen, FSC lawyers said in their appeal, violates the 4th Amendment over unreasonable searches and seizures.

"The regulations authorize governmental agents 'to enter without delay' the business premises and homes where the records are kept and to search through and seize private records and expression without a warrant," they wrote. "Refusal to permit the inspection constitutes a felony.

The FSC also said that the lower court erred in denying plaintiffs leave to amend their complaint to include an allegation that members of the Free Speech Coalition had been subjected to warrantless 2257 inspections.

Besides the FSC, the plaintiffs attached to the suit include 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; and Michael Barone, a photographer.

The plaintiffs list also includes 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; gay porn studio Channel 1 Releasing; Barbara Alper, a photographer; Carol Queen, a sexologist and feminist sex educator; Dave Levingston, a photographer; and Betty Dodson and Carlin Ross, who co-host a website.

FSC Executive Director Diane Duke told XBIZ that the industry goes to great lengths to make sure underage performers never appear on a set.

"2257 is over-reaching, over-burdensome and a law with which, for many," she said. "It is impossible to comply.

"FSC will continue to push for industry appropriate regulations. Special thanks to Michael Murray, Lorraine Baumgardner and Reed Lee for their work on this appeal."

View the FSC's Appeal

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

Dorcel Drops Franck Vicomte's 'PL4Y #5'

Dorcel has released director Franck Vicomte’s latest title, “PL4Y #5.”

Maddie Wren Makes Her Blacked Debut

Maddie Wren has made her debut for Vixen Media Group studio imprint Blacked alongside Kate Dalia and Hollywood Cash.

Andi Avalon Fronts Latest From Pure Taboo

Andi Avalon stars with Gunnar Bishop in the latest release from Pure Taboo, titled "Measuring Up to His Expectations."

Kink.com Wins Trademark Infringement Case Against Copycat Website

The World Intellectual Property Organization (WIPO) has ruled in favor of Kink.com in a case against a copycat website using an infringing domain.

MYLF Drops New Reverse Gangbang

Krystal Sparks, Lexi Luna, Jessica Aaren, Diabella Eclair, and Juan Loco star in a reverse gangbang release from MYLF, titled "Divorce Party."

Serenity Cox Stars in Latest From Blacked Raw

Serenity Cox stars with Don Sudan in the latest release from Vixe Media Group studio imprint Blacked Raw.

Going Deeper: Kayden Kross Launches Photo Book, Cultural Movement With DTLA Gallery Exhibition

The adult community is in full force at Wönzimer art gallery in downtown L.A. on Thursday night to support the launch of “Deeper,” Kayden Kross’ 448-page photography book, titled after the Vixen Media Group (VMG) studio imprint she founded and drawn from its expansive photo library.

Sage Pillar Makes Her WIFEY Debut

Sage Pillar has made her debut for Vixen Media Group studio imprint WIFEY alongside her husband Pierre and Chocolate Rod.

On-Chain JAV Distribution Platform 'HandSome' Goes Live With Open Beta

Fukuoka tech firm Fidem has officially rolled out an open beta version of HandSome, a new Japanese Adult Video (JAV) content distribution platform built on blockchain technology.

Sarah Arabic Leads Latest From Pure Taboo

Sarah Arabic stars with Joey Avalon in the latest release from Pure Taboo, titled "Every Two Hours."

Show More