U.S. Judge Tells Counsel He'll Deny Motions for Summary Judgment in 2257 Case

PHILADELPHIA — U.S. District Judge Michael Baylson won't be deciding on any pretrial resolution in the Free Speech Coalition's lawsuit against the federal recordkeeping law for adult producers, according to J. Michael Murray, the lead attorney for the plaintiffs.

Murray told XBIZ on Friday that his office received a letter from Baylson stating he would deny  motions for summary judgment that the FSC and the Justice Department had filed in the case last week.

"The case will now proceed to trial beginning June 3," Murray said. "We look forward to presenting our case in support of our contentions that 18 U.S.C. § 2257 and 2257A and their implementing regulations are unconstitutional under the First and Fourth Amendments."

Murray said that Baylson indicated he would issue a memorandum next week explaining his reasoning.

Industry attorney Reed Lee, an FSC board member, told XBIZ that "it appears that the reason for the letter was so that counsel on both sides could stop working on their summary judgment oppositions and start trial preparations."

The FSC last week asked the federal court in Philadelphia to dump the federal record-keeping law for adult producers. Also last week, the Justice Department filed its own memorandum in support of its own motion to dismiss the case.

But it was expected that Baylson wouldn't rule on the motions to dismiss because the federal jurist said earlier that year that  because the case is on remand from the 3rd U.S. Circuit Court of Appeals for determination of certain facts, he's more inclined for a trial rather than deciding summary judgment.

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.

The regulations spell out requirements for the maintenance, categorization, location and inspection of records, as well as legal grounds for exemption of these requirements. They require that records be maintained for five years after the dissolution of a business that had been required to maintain them.

In briefs filed last week, information relative to the 29 inspections conducted between July 24, 2006, and Sept. 19, 2007, without a search warrant under 2257 were revealed publicly for the first time.

According to FBI records, companies inspected during that period included Evasive Angels, Darkside (inspected twice), Silver Star, All Good, Robert Hill (inspected twice), Diabolic, Tennervision, Private Media Group, K-Beech, Wicked Pictures, Dead Men, Angry Young Men, Moonlight, Shanes World, Don Goo, JT Video, Bacchus, Cinema Play, Gentlemens, Temptations, Agency, Shooting Star, Real Wild Girls, Alexis Lords, Candid Cams, Ghost Pro and Pony Boy.

FBI agents entered the places of businesses to perform inspections of 2257 records — six were private residences — and inspected records for upwards to six hours,  according to Justice Department testimony.

"[The government] constituted a common law trespass as well as a violation of the producer’s reasonable expectation of privacy in his or her home and private business areas and records to which the general public is not granted access," FSC attorneys said in the motion last week. "And in each instance, the searches were conducted without probable cause and without a warrant.

"Moreover, the agents’ examination and copying of the producers’ records and taking photos while on those premises constituted a search and seizure under the Fourth Amendment."

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

Jessi Rae Crowned Newest 'Vixen Angel'

Vixen Media Group (VMG) has named Jessi Rae as its newest Vixen Angel.

McKenzie Mae Fronts Latest Release From TeamSkeet

McKenzie Mae stars with Quinton James in the latest scene from TeamSkeet’s “Breeding Material” series.

Bree Sky Makes Her Professional Studio Debut for FreeUse

Recent XMA Creator Award winner Bree Sky has made her professional studio debut alongside Evie Christian and Jayden Marcos in the latest release from FreeUse.

Ella Reese, Taylor Wild Topline Latest 'Lesbian Analingus' From Sweetheart Video

Ella Reese and Taylor Wild headline the 19th volume of “Lesbian Analingus” from Mile High Media studio imprint Sweetheart Video.

Segpay Partners With Corey Silverstein for Legal Services

Segpay has partnered with adult industry attorney Corey D. Silverstein for specialized legal compliance and policy support for its merchant network.

AEBN Reveals Kasey Kei as Top Trans Star for Q2 of 2026

AEBN has named its top trans stars for the second quarter of 2026, with Kasey Kei landing atop the leaderboard.

Victoria Grant Stars in Latest From TransAngels

Victoria Grant stars with Daniel Gainsbrook in the latest release from TransAngels, titled "Seduced by the Belly Dancer."

Missouri Governor Signs Bill Making AV Regulations State Law

Missouri Governor Mike Kehoe signed a bill into law on Thursday requiring adult websites to age-verify users in the state, finalizing a legislative “stamp of approval” for AV rules after Missouri’s attorney general unilaterally imposed similar regulations last year.

Utherverse Launches 'Adult Game Fest' Virtual Convention

Virtual reality and metaverse technology company Utherverse is launching its inaugural Adult Game Fest convention and trade show, taking place Sept. 24-26.

Ameena Green Fronts Latest From Bellesa Plus

Ameena Green stars with multi-XMAs winner Alex Jones in a release from Bellesa Plus, titled “The Tailor.”

Show More