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 © 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

Utah VPN Rule Enforcement Pause Extended in Aylo Lawsuit

Provisions of a Utah law making adult websites liable if minors in the state circumvent geolocation efforts to bypass age verification, which were set to come into force in May, have again been put on hold temporarily.

Anti-Censorship Bill Could Shield US Sites From Foreign AV Laws

A Republican congressman has introduced legislation to bar U.S. courts from helping to enforce any foreign law restricting speech that would domestically be protected under the First Amendment, potentially including foreign age verification laws.

X3 Expo 2027 All-Stars Unveiled, Dates Set for Jan. 8-9

X3 Expo will make its L.A. LIVE debut at the JW Marriott on Jan. 8-9, bringing together fans and industry insiders for North America’s largest assembly of stars, alongside a dazzling lineup of attractions spotlighting the cutting edge of modern media and pleasure tech.

Courtney Tillia, Girthmasterr Star in Latest From Brazzers

Courtney Tillia stars with Brazzers exclusive Girthmasterr and Kaiia Eve in the studio's latest release, "Yoga, Massage, Sex...In That Order!"

Adriana Chechik Returns to Dorcel for 'Dirty Game'

Adriana Chechik headlines the latest release from Dorcel, titled “Dirty Game.”

Keeley Kennedy Makes Her WIFEY Debut

Keeley Kennedy has made her debut for Vixen Media Group studio imprint WIFEY alongside her husband Seth and Chocolate Rod.

On the Set: Ricky Greenwood Makes a Case for Dystopian Desire in 'The Tribunal'

Outside a warehouse on a scorching, treeless frontage road in Compton, there is little to suggest that a movie is being made behind its nondescript walls. Similar buildings across the Southwest frequently house adult productions, their unassuming exteriors concealing carefully lit sets where crews labor over every visual detail.

Romantix-Fargo Zoning Dispute Heads Back to District Court

A federal appeals court on Thursday ruled that zoning officials in Fargo, North Dakota, acted in an “arbitrary and capricious” manner when they prevented sex toy retailer Romantix from opening a planned retail store in that city.

Leana Lovings Fronts Latest From Pure Taboo

Leana Lovings stars with Jason Sarcinelli in the latest release from Pure Taboo, titled "Swapping Students."

Reina O'Hara Is Hustler's 'Cover Honey' for September

Reina O’Hara is the Cover Honey for the September issue of Hustler Magazine and appears in a 14-page centerfold spread shot by Davide Esposito.

Show More