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

Madi Collins Talks Brains, Biology and the Art of Performance

“I was born to perform,” Madi Collins declares. “It comes really naturally to me, and it taps into a part of my soul that makes me feel fulfilled.”

Juliana Marie, Alaina Taylor Lead Latest From Family Strokes

Juliana Marie and Alaina Taylor star with Jayden Marcos in the latest from Family Strokes’ “PervMom” series, titled “If Your Girlfriend Wants to Be a Part of the Family, She Has to Share Your Cock.”

SWR Data Publishes 2026 'Hot List' Report

Adult industry market research outfit SWR Data has published its 2026 Hot List report on the top creator platforms of 2025.

Adult Time, AgentRedGirl Drop 2nd Installment of 'Oopsie! Animated'

Adult Time has released the second episode of "Oopsie! Animated," a limited futanari-themed series produced in collaboration with animation studio AgentRedGirl.

Zariah Aura, Yhivi Headline 'Salacious TS Encounters 3' From TransSensual

Zariah Aura and Yhivi topline “Salacious TS Encounters 3” from Mile High Media studio imprint TransSensual.

Adult Chat Platform Arousr Sets Human-Only Host Policy

Adult chat platform Arousr has announced a policy to only use verified human hosts, not chatbots.

Arizona State Legislator Proposes Porn Ban

A member of Arizona’s House of Representatives on Wednesday introduced a bill that would make it illegal to produce or distribute adult content in that state.

VR Bangers Celebrates 10th Anniversary

VR Bangers has marked its 10-year anniversary.

Maddie V Baby Is Hustler's 'Cover Honey' for February

Maddie V Baby is the Cover Honey for the February issue of Hustler Magazine and appears in a 14-page centerfold spread shot by Ellen Stagg.

SinfulXAI to Launch New AI Generator

AI companion platform SinfulXAI has announced its new AI video generator, launching in February.

Show More