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 © 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

Dr. Charlotte Gaydos Joins ProDx Health Advisory Board

Dr. Charlotte Gaydos has joined the Advisory Board of ProDx Health.

Aylo Fined $5 Million as FTC, Utah Settle Safety Practices Complaint

The Federal Trade Commission and the state of Utah on Wednesday settled a complaint against Aylo, requiring the company to pay a $5 million penalty and implement measures to prevent illegal content from appearing on its sites.

New AI Companion Platform 'Pornstar.love' Launches

Pornstar.love, a new AI companion platform, has officially launched.

Jonni Darkko Directs New Chloe Amour Showcase

Evil Angel has released Jonni Darrko’s Chloe Amour showcase, titled "Mon Amour."

Pineapple Support, Stripchat to Host 'Navigating Thoughts of Suicide' Support Group

Pineapple Support and Stripchat are hosting a free online support group to help performers deal with suicidal ideation.

Plaiir Names Cade Maddox as Lead of Creator Relations

Networking platform Plaiir has appointed Cade Maddox as its new lead of creator relations.

Bella Reid Named Penthouse's 'Pet of the Month' for September

Penthouse Magazine has named Bella Reid as Pet of the Month for September.

Go.cam Launches 'One-Line Integration' Verification Solution

Go.cam has introduced a one-line code integration for age verification.

Andi Avalon Fronts Latest From New Sensations

Andi Avalon and Ken Feels star in the latest release from New Sensations.

Ricky's Room Drops Final Installment of Baby Gemini Showcase

Ricky’s Room has released the final installment of its Baby Gemini showcase, titled "Six Bodies In Motion."

Show More