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 © 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

Evil Angel Releases Latest Volume of JD's 'Transgressive'

Evil Angel has debuted the 30th volume of director JD’s “Transgressive.”

FSC Publishes Guidance on New UK Pornography Laws

The Free Speech Coalition (FSC) has published information for its members on the United Kingdom's recently passed pornography laws, which take effect next week.

Octavia Red Leads Latest From Bellesa Plus

Octavia Red stars alongside Codey Steele in the latest release from Bellesa Plus, titled “The Unmasking.”

Chloe Amour Leads Latest From Tushy Raw

Chloe Amour stars with Milan Ponjevic and Christian Clay in the latest release from Vixen Media Group studio imprint Tushy Raw, directed by KGB.

Brazil Issues Guide to Digital Safety Compliance

Brazil’s National Data Protection Agency (ANPD) published on Wednesday a new guide outlining online providers’ child-protection responsibilities under the Digital Statute for Children and Adolescents (Digital ECA), which requires adult websites to age-verify users located in Brazil.

Leigh Raven, Gal Ritchie Star in Latest From Kink.com

Gal Ritchie stars with Leigh Raven in the latest installment of Kink.com’s "Whipped Ass" series, titled "Oil-Soaked Slut."

Penny Barber, Lexi Lore Star in Latest From TeamSkeet

Penny Barber and Lexi Lore star with Clarke Kent and Vince Vicious in the latest release from TeamSkeet.

AEBN Publishes Popular Searches by Country for August, September

AEBN has released the list of popular searches from its straight and gay theaters, by country, for August and September.

2027 XBIZ Exec Awards Nominees Announced for Adult Entertainment Edition

XBIZ is pleased to announce the nominees for the adult entertainment industry edition of the 2027 XBIZ Exec Awards, set to be presented as part of the annual XBIZ Honors ceremony on Friday, Jan. 8, in conjunction with the XBIZ 2027 event series.

Jennifer White Fronts Dorcel's 'Vampire Night'

Reigning XMAs Female Performer of the Year Jennifer White stars with Milan Ponjevic in the latest release from Dorcel, titled "Vampire Night," directed by Ricky Greenwood.

Show More