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"The government contends these changes make the 2006-2007  inspections outdated and irrelevant, thereby depriving this court of a factual basis upon which to assess Section  2257’s constitutionality, and thereby making the 4th Amendment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

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