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 © 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

Adult Trade Group Pearl Industry Network to Debut at Taboo Vancouver

Pearl Industry Network (PiN), a new trade group for the adult industry focused on content creators, will debut at Taboo Vancouver adult lifestyle and wellness expo next week.

Cubbi Thompson Stars in Latest From Digital Playground

Newly crowned XMAs Best New Performer Cubbi Thompson stars with Mike Ox in the latest release from Digital Playground, titled "Yes, Chef!"

New Creator Platform 'OnlyPhones' Launches

OnlyPhones, a new phone-based creator platform, has officially launched.

AEBN Reveals Ariel Demure as Top Trans Star for Q4 of 2025

AEBN has published its top trans stars list for the fourth quarter of 2025, with reigning XMAs Trans Performer of the Year Ariel Demure landing atop the leaderboard.

Brazzers Signs Elly Clutch to Exclusive Contract

Brazzers has signed Elly Clutch, winner of the 2024 XMA Creator Award for Female Clip Artist of the Year, to an exclusive contract.

Rebel Lynn Launches 'PoleVixens' Through Paysite.com

Rebel Lynn has launched her new pole dancing-themed membership site, PoleVixens, through Paysite.com.

Pineapple Support Taps Athena Bellamy as Brand Ambassador

Pineapple Support has named Athena Bellamy as its newest brand ambassador.

Reptyle Launches Cross-Site Special Event 'The In-Laws'

Reptyle is launching a new cross-site special event on its TeamSkeet, MYLF, Swappz, and Family Strokes imprints, titled "The In-Laws."

AV Bulletin: Health Warnings, VPNs and Exemptions

Since the Supreme Court’s decision in Free Speech Coalition v. Paxton, more state age verification laws have been introduced around the United States, as well as at the federal level and in other countries. This roundup provides an update on the latest news and developments on the age verification front as it impacts the adult industry.

Jade Venus, Little Puck & Olivia Jay Star for Transfixed

Jade Venus stars with Little Puck and Olivia Jay in the latest release from Transfixed, titled "The Great Ladies' Taste-Off."

Show More