FSC Responds to DOJ Call for 2257 Comments

CANOGA PARK, Calif. — The Free Speech Coalition this week responded to a call by the Justice Department for comments on burdens associated with 18  U.S.C. § 2257.

“Of course we hope that our comments and the comments of others will be taken in to consideration, but history suggests otherwise,” FSC Executive Director Diane Duke said. “That is why FSC was compelled to file suit against the federal government on the issue of 2257 and 2257A. Hopefully our recent win will bring us closer to resolution."

Duke was referring to last week's victory at the 3rd U.S. Circuit Court of Appeals, where the court sided with the adult entertainment trade group and 13 other plaintiffs over 2257 challenges.

A 3rd Circuit panel ruled that it would vacate a lower court ruling that the FSC shouldn't be afforded the opportunity to conduct discovery and develop a record relative to whether 2257 is narrowly tailored.

The court also said it would toss an earlier order dismissing claims for a restraining order over 2257 due to alleged 1st and 4th Amendment challenges over free speech and unreasonable searches and seizures.

The court also said it would vacate an earlier decision to deny the FSC's leave to amend its 4th Amendment complaint.

But the court affirmed the district court’s order  in all other respects and remanded the case for further proceedings "consistent with the foregoing opinion." The suit now continues at U.S. District Court.

Attorneys J. Michael Murray and Lorraine Baumgardner represent the FSC and other plaintiffs in the current case filed against the Justice Department.

The suit, if successful, would strike down the current regulations, which place considerable burdens on producers to be in compliance, and which also presents a danger to the privacy rights of adult performers.

Duke said she gave "special thanks to Reed Lee, Lorraine Baumgardner, Michael Murray and Jeffrey Douglas for their excellent work in drafting our statement" to the Justice Department.

The FSC's letter details objections to the burdens placed on primary and secondary producers by 2257 and 2257a regulations, which govern age verification record-keeping for adult content producers.

FSC has opposed 2257 regulations since 2005, when the regulations were enacted, and continues to voice opposition on behalf of adult industry producers, Duke said.

View FSC's 2257 statement to the Justice Deparment

Related:  

Copyright © 2025 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

WIFEY Drops 1st 'Reunion' Orgy Scene

Vixen Media Group studio imprint WIFEY has dropped its first cast reunion orgy scene.

Report: AVS Group Beefs Up AV After $1.3 Million Fine

Adult content provider AVS Group has begun to institute robust age checks on some of its websites after U.K. media regulator Ofcom last week imposed a penalty of approximately $1.3 million for noncompliance with Online Safety Act regulations, the BBC is reporting.

JR Cruz Makes His Bang Bros Debut

JR Cruz makes his Bang Bros debut opposite Melztube in a new scene from the “Dads Love Porn” series, titled "Handyman Surprise."

FSC: Federal Report Confirms Unfair Banking Discrimination Against Adult Industry

The Free Speech Coalition (FSC) today announced that a federal report on debanking has concluded that several U.S. banks engaged in discriminatory banking practices against members of the adult industry.

Blake Blossom Toplines 'Permission' From Sweet Sinner

Blake Blossom headlines “Permission,” from Mile High Media studio imprint Sweet Sinner.

Pineapple Support Names Natalie Pereira Executive Assistant

Pineapple Support has appointed Natalie Pereira as its new executive assistant.

AEBN Publishes Popular Searches by Country for October, November

AEBN has released the list of popular searches from its straight and gay theaters by country in October and November.

Aubry Babcock, Lana Smalls Topline Latest 'Secret Lesbian Diaries'

Aubry Babcock and Lana Smalls headline the 16th volume of "Secret Lesbian Diaries" from Girlfriends Films.

FSC Summit Event Schedule Announced

Free Speech Coalition (FSC) has revealed its slate of networking events and symposiums for its annual summit, set for January 15 during XBIZ 2026.

Pornhub Releases 2025 'Year in Review' Report

Pornhub has released its “Year in Review Insights” report for 2025, the 12th edition of the site’s annual statistics, data analysis, and infographic initiative.

Show More