FSC Responds to Today's 3rd Circuit Ruling Over 2257 Regs

CANOGA PARK, Calif. — While the 3rd U.S. Circuit Court of Appeals’ ruling today left intact most of 18 U.S.C. § 2257, the recordkeeping regulation for producers of sexually explicit content, the decision is a victory in many respects for filmmakers.

Diane Duke, the CEO of trade industry group Free Speech Coalition, remarked that today’s decision prohibits “the routine, warrantless inspections, which were the hallmark of the original regulation.”

"This decision was a hard-fought victory for adult industry,” Duke told XBIZ. “The 3rd Circuit’s decision struck down the recordkeeping inspection as unconstitutional under the Fourth Amendment, dealing a substantial blow to enforcement of the 2257 regulations.

“Under today’s ruling, the government can no longer appear at the doors of Free Speech Coalition’s members without a search warrant, and demand entry to inspect their 2257 records without cause.

“It is important to note that this decision only protects members of the Free Speech Coalition, the plaintiff in the case. We suggest that all adult producers make sure their membership is in good standing, and if not, to join in order to take advantage of the protections.

"Of course, we entirely disagree with the court's holding that the regulations themselves are not prohibitively burdensome to producers under the First Amendment.

“However, the court remanded some of the restrictions back to a lower court — including those that require business owners keep certain hours to make records available for inspection — and we're hopeful they will be overturned. Over the next few weeks, we will be examining the decision in more detail to determine if we should appeal it en banc."

Tim Valenti, NakedSword founder and FSC's chairman, said: "These battles don't come without a fight, and they don't come for free."

"Anyone who produces adult content, whether they a large studio or a performer doing content trades, needs to support the work the Free Speech Coalition does by becoming a member," he told XBIZ. "Not only does it help us fight for our rights, membership also grants you protections — in this case, from warrantless government inspection — not available to nonmembers." 

Related:  

Copyright © 2024 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

Seoul Authorities Force Cancellation of Adult Expo for 'Distorting Perceptions of Sex'

Seoul authorities repeatedly prevented 2024 KXF The Fashion — a popular Korean adult industry expo featuring Japanese AV performers — scheduled for this week from finding a suitable venue, leading organizers to cancel the event.

FSC to Hold Discussion on Adult Industry Rights With Congressional Candidate Joe Cohn

Free Speech Coalition will hold a virtual discussion with Joe Cohn, a strong advocate for the adult industry’s rights who is running for Congress in November.

Art Short Film 'The Porn Selector' Starring Kasey Warner Premieres at MoMA

“The Porn Selector,” a short film directed by visual artist and filmmaker Lou Fauroux and starring Kasey Warner, premiered earlier this month at the Museum of Modern Art (MoMA) in New York.

Sophie Dee, Ricky Johnson to Deliver 'XBIZ Talks' at Miami Conference

XBIZ is pleased to announce that Sophie Dee and Ricky Johnson will each deliver an “XBIZ Talk” at next month’s XBIZ Miami conference

Ricky Greenwood Directs 'Amuse Bouche' From Dorcel

XBIZ Award winner Ricky Greenwood directs "Amuse Bouche," the latest release from Dorcel.

FSC to Host Webinar on Derisking and the Adult Industry

The Free Speech Coalition (FSC) is hosting a webinar on derisking, titled "Derisking: Examining Its Impact on the Adult Industry's Access to Banking," on April 24 at 11 a.m. (PDT).

Gia Derza Toplines Pat Myne's 'Squirt for Days 5'

Gia Derza headlines director Pat Myne's "Squirt for Days 5," from Evil Angel.

TeamSkeet Releases Full Version of 'Ripe for the Taking'

TeamSkeet has released the full version of its latest feature, "Ripe for the Taking," starring March AllStar Scarlett Alexis.

Shay Sights Returns to Brazzers for 1st Anal in 10 Years

Shay Sights has returned to Brazzers to performer her first anal in ten years, with Rico Hernandez.

Democratic Governor Fails to Veto Kansas Age Verification Bill

Kansas’ Democratic governor, Laura Kelly, expressed strong reservations about the state’s version of the age verification bills being sponsored around the country by anti-porn religious conservative activists, but ultimately decided not to veto it, allowing the legislation to become law by default without her signature.

Show More