Federal Judge's Recent 2257 Order Is Released

PHILADELPHIA — U.S. District Judge Michael Baylson has released his memorandum to dismiss in part the Justice Department's motion to toss the Free Speech Coalition's 4th Amendment privacy claims over 18 U.S.C. § 2257.

The FSC, which filed suit against the government three years ago along with more than a dozen other plaintiffs, asserts that the federal record-keeping law for porn producers is unconstitutional because it violates constitutional protections against unreasonable search and seizures.

Sections 2257 and 2257A impose a record-keeping requirement on producers of sexually explicit materials and require that they make such records available to the government for inspection at all reasonable times.

In the court document released yesterday, Baylson said the FSC and other plaintiffs face a substantial possibility of injury as a result of the operation of the statute and that changes made to 2257 and 2257A in 2008 do not render the 4th Amendment claim unripe.

In 2008, the Justice Department modified 2257 to provide visual depictions of simulated sexually explicit conduct fall within the scope of materials for which the record-keeping requirement is triggered; actual lascivious exhibitions of the genitals or pubic area are also within the scope of materials triggering the requirement; and producers may use third-party custodians to store their records.

"The government contends these changes make the 2006-2007  inspections outdated and irrelevant, thereby depriving this court of a factual basis upon which to assess Section  2257’s constitutionality, and thereby making the 4th Amendment claim unripe. Not so," Baylson wrote in the memorandum. "The 2008 changes will not cause every inspection in the future to be materially different from those in the past. The  broader scope of images for which the recordkeeping requirement is triggered will not lessen the invasiveness of future searches."

Baylson said that the court cannot preclude the threat that at least some   will undergo future inspections under 2257 resembling those in the past and therefore the 2006-2007 inspections continue to serve as relevant evidence.

A telephonic conference between Baylson and the two parties will take place next Thursday.

View U.S. District Judge Michael Baylson's 2257 order

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

NATS Launches Integrated Content Management System

Too Much Media (TMM) has rolled out an integrated, no-charge Content Management System (CMS) to its NATS platform.

Amy Nosferatu Stars in New Scene From Grooby

Amy Nosferatu returns to Grooby for a new solo scene, titled “Amy’s Afternoon.”

Tatiana Steele Makes Her WIFEY Debut

Creator Tatiana Steele stars with her husband Ian and Isiah Maxwell in the latest release from Vixen Media Group studio imprint WIFEY.

Ava Amira Stars in 'Yoni' From S3XUS

Ava Amira stars with director Brad Newman in the latest release from S3XUS, titled “Yoni.”

Jonni Darkko Directs New Kianna Dior Showcase

Evil Angel has released Jonni Darkko’s latest showcase, "Kianna Dior Busty Cum Slut 11."

Ricky's Room Premieres Chanell Heart Showcase

Ricky’s Room has released the first installment of its Chanell Heart showcase, titled "Booty Like Water."

AEBN Reveals Avery Lust as Top Trans Star for Q3 of 2025

AEBN has published its top trans stars list for the third quarter of 2025, with Avery Lust landing atop the leaderboard.

Girlsway Debuts New Installment of 'Girls Try Anal'

Little Puck and Shay Sights star in the latest installment of Girlsway series "Girls Try Anal," titled "Housewife’s Anal Adultery."

FSC: California's Device-Based AV Law Does Not Apply to Adult

The Free Speech Coalition (FSC) put out an advisory today explaining that California's new device-based age verification law does not apply to adult websites.

Chelsea Poe Releases 'Reclaimed: Long Live Queer Porn'

Director and performer Chelsea Poe has released her latest feature, titled “Reclaimed: Long Live Queer Porn.”

Show More