U.S. Judge Won't Dismiss 2257 Suit, Sides With FSC

PHILADELPHIA — A federal judge has denied the Justice Department’s motion to dismiss 4th Amendment complaints in Free Speech Coalition vs. Eric Holder, which involves federal record-keeping law 18 U.S.C. § 2257.

At a pretrial hearing held at the James A. Byrne Federal Courthouse in Philadelphia, U.S. District Judge Michael M. Baylson listened to arguments from attorney J. Michael Murray, representing the Free Speech Coalition and other plaintiffs in the lawsuit, and attorney Kathryn Wyer, who represents the Justice Department under President Barack Obama’s attorney general, Eric Holder).

Wyer argued that the plaintiffs’ 4th Amendment complaints were “defective,” noting that 2257 searches aren’t being aggressively conducted presently.

But Murray countered that 2257 laws remain in effect regardless of the amount of government searches — or lack thereof — presently taking place.

Baylson essentially agreed with Murray’s arguments, requesting a phone consultation with Murray and Wyer on Dec. 13 and possibly another one on Dec. 20 if needed. 

Baylson, calling for “limited discovery,” told Murray and Wyer that if the case does go to trial, he is hoping the trial will begin in mid-June.

Under 2257 regulations (part of the Child Protection and Obscenity Enforcement Act of 1988), producers of sexually explicit material are required to obtain proof that any models they use are legal adults and maintain careful records of that proof.

Adult entertainment companies are subject to 2257-related inspections by law enforcement—and violations of 2257 can result in criminal prosecution.

Although the Child Protection and Obscenity Enforcement Act was enacted in November 1988 when President Ronald Reagan was still in office, 2257 inspections of adult companies became especially aggressive under the George W. Bush Administration.

But taking forceful action against the adult entertainment industry has not been a high priority for the Obama Administration.

Special Agent Alan S. Nanavaty, who heads the FBI's Crimes Against Children Unit, has sworn that the Justice Department’s 2257 inspection program was terminated on Oct. 24, 2007.

Nanavaty has said that since then, the FBI has received no funding for new 2257 inspections.

But at today's pretrial hearing in Philadelphia, Murray, counsel with the Cleveland-based firm of Berkman, Gordon, Murray & Devan, asserted that the lack of 2257 inspections under Holder does not invalidate the 1st Amendment or 4th Amendment concerns that the FSC has about 2257.

“The statute hasn’t changed,” Murray told the court. “The statute still requires that records must be kept.”

Murray stressed that regardless of Holder’s position on 2257, a future attorney general might favor a return to aggressive257 inspections — and for that reason, the FSC’s lawsuit against the Justice Department needs to go forward.

In Free Speech Coalition vs. Eric Holder (which was filed in 2009 after Obama took office), the FSC has asserted said 2257 searches violate the 4th Amendment’s protection against unreasonable search and seizures.

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

FSC Publishes Guidance on Google Analytics Lawsuits

The Free Speech Coalition (FSC) has published guidance on how adult websites can protect themselves in the wake of several consumer class action lawsuits filed against sites for using Google Analytics.

BranditScan, CreatorTraffic Partner for 'Creators & Agencies' Initiative

BranditScan and advertising network CreatorTraffic have partnered for an initiative to help creators and agencies generate traffic and protect their content.

Anna Claire Clouds Headlines 'The Sex Therapist 7' From Sweet Sinner

2025 XMAs Female Performer of the Year Anna Claire Clouds toplines “The Sex Therapist 7,” the latest release from Mile High Media studio imprint Sweet Sinner.

Ashby Winter Performs Her 1st DP in Finale of VMG Cross-Site 'In Vogue' Sequel

Ashby Winter performs her first DP alongside Dimitri Shadow and Troy Francisco in the final scene from Vixen Media Group (VMG) cross-site feature "In Vogue 2."

Addison Vodka on Playing Nice - and Playing Rough

‘It’s such a funny story,” says Addison Vodka, tossing her long, beachy blonde waves over her shoulder. “I discovered that my boyfriend at the time was using camming websites behind my back. So I was like, ‘Well, if you’re going to go on there, then I’m just going to go on there.’”

Rana Katana Stars in Latest From TransAngels

Rana Katana stars with Raj and Ram Sivan in the latest release from TransAngels, titled “Submissive Hookah Slut.”

Ana Foxxx Returns to Elegant Angel for 'A Night Out'

Ana Foxxx stars with Chad Alva in the new release from Elegant Angel, titled “A Night Out.”

Teasy Agency Joins Pineapple Support as Supporter-Level Sponsor

Teasy Agency has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

Scarlett Alexis, Chloe Surreal Topline 'Lesbian Stunners 2' From Lesbian X

Scarlett Alexis and Chloe Surreal headline the second volume of "Lesbian Stunners" from X Empire studio brand Lesbian X.

'Golden Age' Director Paul Thomas Passes Away at 76

Legendary adult filmmaker Paul Thomas has passed away after spending most of his life in the porn business. He was 76.

Show More