FSC Files Appeals Brief in 2257 Case

PHILADELPHIA — Attorneys for the Free Speech Coalition and 15 co-plaintiffs delivered a brief to the 3rd U.S. Circuit Court of Appeals today challenging the constitutionality of 18 U.S.C. §2257 and 2257A, the federal record-keeping statutes for adult producers.

The adult entertainment trade group is appealing U.S. District Judge Michael Baylson's decision last summer finding the 2257 statutes constitutional under the First Amendment. The ruling in July came after an eight-day bench trial where 21 witnesses presented testimony and over 300 exhibits were entered into evidence.

At trial, Baylson ruled that the statutes are constitutional under the Fourth Amendment, except for in one regard — "the allowance of inspections at the residences of producers, without prior notice, cannot be justified on this record."

Today's appeals brief looks at three points for the court to review:

  • Whether 18 U.S.C. §§ 2257, 2257A and their implementing regulations are unconstitutional under the First Amendment because they are not narrowly tailored to advance the government’s interest in protecting children from sexual exploitation, as intermediate scrutiny requires, and consequently burden substantially more of plaintiffs’ constitutionally protected speech than necessary";
  • Whether 18 U.S.C. §§ 2257, 2257A and their implementing regulations are facially unconstitutional under the First Amendment because they are overbroad; and,
  • Whether 18 U.S.C. §§ 2257, 2257A and their implementing regulations are unconstitutional under the Fourth Amendment because they authorize warrantless searches without probable cause and do not satisfy the requirements of the administrative search exception.

The appeals brief, filed by attorneys J. Michael Murray and Lorraine Baumgardner representing the FSC, asks a 3rd Circuit panel to reverse Baylson's ruling and remand with instructions to enter a judgment declaring 18 U.S.C. §§ 2257, 2257A and their implementing regulations unconstitutional under the First and Fourth Amendments and permanently enjoining their enforcement.

View appellant's brief filed today

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

NATS Launches Integrated Content Management System

Too Much Media (TMM) has rolled out an integrated, no-charge Content Management System (CMS) to its NATS platform.

Amy Nosferatu Stars in New Scene From Grooby

Amy Nosferatu returns to Grooby for a new solo scene, titled “Amy’s Afternoon.”

Tatiana Steele Makes Her WIFEY Debut

Creator Tatiana Steele stars with her husband Ian and Isiah Maxwell in the latest release from Vixen Media Group studio imprint WIFEY.

Ava Amira Stars in 'Yoni' From S3XUS

Ava Amira stars with director Brad Newman in the latest release from S3XUS, titled “Yoni.”

Jonni Darkko Directs New Kianna Dior Showcase

Evil Angel has released Jonni Darkko’s latest showcase, "Kianna Dior Busty Cum Slut 11."

Ricky's Room Premieres Chanell Heart Showcase

Ricky’s Room has released the first installment of its Chanell Heart showcase, titled "Booty Like Water."

AEBN Reveals Avery Lust as Top Trans Star for Q3 of 2025

AEBN has published its top trans stars list for the third quarter of 2025, with Avery Lust landing atop the leaderboard.

Girlsway Debuts New Installment of 'Girls Try Anal'

Little Puck and Shay Sights star in the latest installment of Girlsway series "Girls Try Anal," titled "Housewife’s Anal Adultery."

FSC: California's Device-Based AV Law Does Not Apply to Adult

The Free Speech Coalition (FSC) put out an advisory today explaining that California's new device-based age verification law does not apply to adult websites.

Chelsea Poe Releases 'Reclaimed: Long Live Queer Porn'

Director and performer Chelsea Poe has released her latest feature, titled “Reclaimed: Long Live Queer Porn.”

Show More