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

Leilani Li Fronts Latest From Brazzers

Leilani Li stars with Jayden Marcos in the latest release from Brazzers, titled "Soap Her Up & Spread That Ass."

BranditScan Launches '25 Days of Christmas' Promo

BranditScan has launched its 25 Days of Christmas promotion.

MelRose Michaels Named Host of Online Industry Edition of XBIZ Honors

Performer and entrepreneur MelRose Michaels will MC the online edition of the 2026 XBIZ Honors, set for Wednesday, Jan. 14, at the Kimpton Everly Hotel in Hollywood.

Irish Regulator: EU States to Ramp Up AV Enforcement for Smaller Sites

A representative of Irish media regulator Coimisiún na Meán told legislators that Ireland and other EU states are preparing to expand enforcement of age verification regulations to include smaller adult sites, British newspaper The Times is reporting.

Hailey Rose Stars in Elegant Angel's New Feature 'Gamer Girls Behaving Badly'

Multi-XMAs winner Hailey Rose stars in the new feature from Elegant Angel, titled “Gamer Girls Behaving Badly.”

Brazzers Premieres Limited Comedy Series 'Glory House'

Cubbi Thompson, Kira Noir, Isa Bella, and Luna Star lead the latest release from Brazzers, titled "Glory House."

Lilly Bell, Charlie Forde Star in Latest 'UpClose VR' From Adult Time

Reigning Girl/Girl Performer of the Year Lilly Bell and Charlie Forde star with Isiah Maxwell in the latest episode of Adult Time series "UpClose VR."

Krystal Sparks Leads Latest From MYLF

Krystal Sparks stars with Mike Mancini in the latest release from MYLF, titled “A Good Tradwife Always Drains Her Husband’s Balls Dry.”

Anissa Kate, Katie Kush Topline Latest 'Lesbian Anal' From Sweetheart Video

Anissa Kate and Katie Kush headline "Lesbian Anal 8," from Mile High Media studio imprint Sweetheart Video.

Evil Angel Drops Angelo Godshack's 'Squirting Wars'

Evil Angel has released director Angelo Godshack’s “Squirting Wars.”

Show More