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"The government contends these changes make the 2006-2007  inspections outdated and irrelevant, thereby depriving this court of a factual basis upon which to assess Section  2257’s constitutionality, and thereby making the 4th Amendment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 © 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

X3 Expo 2026 Unveils Movie Screenings Lineup

X3 Expo has revealed its 2026 screening lineup, comprised of XMAs-nominated titles “The Parasite Queen,” “Strip,” “Once Upon a Time in the Valley,” “The Blueprint,” and “Deadly Vows.”

Coco Bae Leads Latest From Digital Playground

Coco Bae stars with Danny D in the latest release from Digital Playground, titled “A Glimpse.”

Carlotta Champagne is LoyalFans' 'Featured Creator' for January

LoyalFans has named Carlotta Champagne as its Featured Creator for January.

X3 Mag Drops Collector's Edition Featuring 2026 Expo All-Stars

The special New Year’s edition of X3 magazine, the premier publication spotlighting the real personalities, passions, and stories behind today’s top stars, is now available.

BiPhoria Debuts New Series 'Caught Bi'

BiPhoria has debuted its new series, "Caught Bi."

Ella Hughes, Nata Gold Star in Hentaied Pro's 1st Interactive Release

Ella Hughes and Nata Gold star in Hentaied Pro’s first interactive release, titled "Endless Echoes."

Lauren Phillips Leads Latest From MILFY

2024 XMAs MILF Performer of the Year Lauren Phillips stars with Parker Ambrose and Dwayne Foxxx in a new DP scene from Vixen Media Group (VMG) studio imprint MILFY.

Maria May Makes Her MYLF Debut

Maria May has made her MYLF debut alongside Lola Aiko and Juan Largo in the studio’s latest release, titled "Only Straight-A Students Get Dommed by Mommy."

Pineapple Support Relaunches Site

Pineapple Support has updated and relaunched its website.

Juniper Ren Toplines Bryan Gozzling's 'Hookup Hotshot: Internet Sex Addicts Volume 6'

Juniper Ren headlines director Bryan Gozzling’s “Hookup Hotshot: Internet Sex Addicts Volume 6” from Evil Angel.

Show More