U.S. Judge Gives Reasons for Denying Cross Motions in 2257 Case

PHILADELPHIA — U.S. District Judge Michael Baylson on Monday detailed his reasons for denying both the Free Speech Coalition's and U.S. government's motions for summary judgment in a case that is expected to decide the legality of 18 U.S.C. § 2257 and companion law § 2257A.

Baylson, in his memorandum and order denying the cross motions, said that there were substantial reasons why he couldn't render any opinion prior to June 4, the scheduled trial date.

In particular, Baylson said that the summary judgment materials produced by both sides "are so voluminous and detailed that the court would have difficulty in rendering a fully articulated memorandum."

The Philadelphia federal jurist noted that the material submitted by both parties on summary  judgment stacked together are several feet high, representing hundreds of pages of briefs,  allegedly undisputed facts, deposition excerpts and other exhibits. More than 70 cases have been cited by the parties, he said.

"The court cannot meaningfully digest all of this material and render a fully analytical memorandum opinion in the 14 days left until the trial begins," Baylson said. "Reviewing even a portion of this material in the seven days since it has been filed has taken a great deal of time."

But Baylson emphasized that, most importantly, "the case touches upon important, controversial issues which are frequently debated in public."

"As the 3rd U.S. Circuit Court of Appeal remanded for a factual inquiry, an open courtroom with live witnesses is the best forum to assure a full and fair exposure of the issues," he said.

In discussing merits of the motions, Baylson noted that the court would benefit from testimony  presented by both parties as to whether the statutes ultimately chosen, Sections 2257 and  2257A, were a narrowly tailored alternative to combat child pornography.

"From plaintiffs, the court would benefit from testimony by witnesses regarding what might have been a more appropriate line for Congress to have drawn – i.e., to require recordkeeping only from producers who use  models over age  30 or  40  or 50," Baylson said. "From defendants,  the court would benefit from testimony as to why any other statutory scheme would not be appropriate, and as to why the prophylactic nature of Sections 2257 and 2257A is the most effective mechanism to further Congress’s intent.

"The parties also dispute the reasonableness of the inspections and whether the FBI needed to carry them out without a warrant to effectuate Congress’s goal of combatting child pornography," he said. "These questions of fact – concerning the expectations of privacy in the areas searched, the character of the searches and whether they progressed in a cooperative and consensual manner, and the overall  reasonableness  of the FBI’s conduct –  are best resolved through trial, where there is the possibility for in-court testimony, credibility assessments,  and cross-examination. 

"Given that both  parties  rely so heavily on FBI reports, the court also believes it is essential that the FBI agents involved in the investigations be subjected to cross-examination and possible questioning by the court."

The FSC, which filed suit against the government more than three years ago along with the 13 co-plaintiffs, asserts that the federal recordkeeping law for porn producers is unconstitutional because it violates constitutional protections against unreasonable search and seizures under the 4th Amendment.

Sections 2257 and 2257A impose a recordkeeping requirement on producers of sexually explicit materials and require that they make such records available to the government for inspection at all reasonable times.

While the inspections haven't been employed by the government for some time, the law continues to be in the books and federal inspectors may at any time launch inspections of the records and prosecute any infraction.

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 2008, the Justice Department modified 2257 to provide visual depictions of simulated sexually explicit conduct fall within the scope of materials for which the recordkeeping 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.

Trial in the case begins June 4 at U.S. District Court in Philadelphia. Baylson earlier said that  a decision is due no later than July 30.

View Baylson's memorandum

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

Hailey Rose Heats Up the Fall Issue of X3 Magazine

2025 XMA Fav Female Performer Hailey Rose headlines the latest issue of X3 magazine, the industry’s premier “authenticity first” publication spotlighting the real personalities, passions and stories behind today’s top creators.

2025 XBIZ Amsterdam Speaker Lineup Announced

XBIZ is pleased to announce the release of the full speaker lineup for XBIZ Amsterdam 2025, the latest edition of Europe’s biggest adult industry conference, set to take place Sept. 2-5 at the Jakarta Hotel in Amsterdam.

Angie Faith's 'Blueprint' for Success

Angie Faith has two reasons to celebrate. First, the veterinarian just gave her Japanese Chin puppy, Cheeky, a clean bill of health after Cheeky unwisely ate a stray piece of Lego.

Cherie DeVille Stars in Latest From Brazzers

Multi-XMAs winner Cherie DeVille stars with 2024 XMAs Male Performer of the Year Zac Wild in the latest Brazzers scene, titled “Cock Support Line.”

Sara Jay, Dan Leal to Sponsor XBIZ Amsterdam Kick-Off Event

Sara Jay’s Wyde Syde Productions and Porno Dan Leal’s Market64 will co-sponsor the Bottoms Up Day Drinking kick-off event for XBIZ Amsterdam 2025 at Excalibur Café on Sept. 2, from 2-4 p.m. (CET).

Connie Perignon Fronts Latest From Brazzers VR

Connie Perignon stars in the latest release from Brazzers VR, titled "A Sugar Daddy’s Point of View."

Octokuro Leads Latest Release From Freeze

Octokuro stars with Sam Bourne in "A Dangerous Encounter" from Freeze.

Lauren Phillips Stars in Latest Episode of 'Mommy's Boy'

2024 XMAs MILF Performer of the Year Lauren Phillips stars with Lawson Jones in the latest episode of Adult Time series “Mommy’s Boy,” titled “He Doesn't Know Me...But You Do.”

Mag Numb Makes Her Debuts for Parasited, Vampired

Mag Numb has made her Parasited and Vampired debuts in the latest Roberto Di Suna-helmed releases from the respective studios.

Equentus Media Names Livie Blainn Content Curator, Bree Austin COO

Equentus Media has named Livie Blainn as its new curator for content and marketing, and Bree Austin as its COO.

Show More