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 © 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

Yhivi, Chanel Chance Lead Latest From Transfixed

Yhivi and Chanel Chance star in the latest release from Transfixed, titled "An Unexpected Craving."

Penny Barber Stars in Latest From Kink.com

2025 XMAs MILF Performer of the Year Penny Barber stars with Peter Hooke in the latest installment of Kink.com's "Divine Bitches" series, titled “Earning His Freedom.”

Pornhub Unblocks UK Users on iOS Devices, Citing Apple AV Effectiveness

Pornhub parent company Aylo on Tuesday announced that users in the United Kingdom will once again be able to access the popular site if they are using Apple devices and have confirmed their age through Apple’s U.K. age-verification process.

Penthouse Names Hannah Jo May's 'Pet of the Month'

Penthouse Magazine has named Hannah Jo as Pet of the Month for May.

North Carolina Weighing Tax on Brick-and-Mortar Sales of Adult Material

The North Carolina state legislature is considering a bill that would impose a new 10% tax on adult material sold by physical retailers in the state.

Nia Bleu Fronts Latest From New Sensations

Nia Bleu stars with Damon Dice in the latest release from New Sensations.

Kitana Collins Makes Her WIFEY Debut

Kitana Collins has made her debut for Vixen Media Group studio imprint WIFEY alongside her husband, Tyson, and Anton Harden.

FSC Launches 'Know Your Rights' 1st Amendment Resource Page

The Free Speech Coalition (FSC) has launched "Know Your Rights," a resource page detailing First Amendment protest guidelines.

Utah VPN Rule for Adult Sites Takes Effect This Week

A new law in Utah comes into force Wednesday, making adult websites liable if minors in the state circumvent geolocation efforts to bypass age verification.

Lilly Bell Takes Center Stage in May Issue of X3 Magazine

Multi-XMAs award-winner Lilly Bell captures the cover spotlight in the May issue of X3 magazine, the premier publication revealing the real personalities, passions and stories behind top stars.

Show More