FSC, Justice Dept. File 2257 Briefs Prior to Oral Arguments

FSC, Justice Dept. File 2257 Briefs Prior to Oral Arguments

PHILADELPHIA — The 3rd U.S. Circuit Court of Appeals on Friday received supplemental briefs from the Free Speech Coalition and the Justice Department addressing the applicability of City of Renton v. Playtime Theatres Inc. to the appellate case over the legality of 18 U.S.C. §§ 2257-2257A, the recordkeeping statutes for adult producers.

The two parties submitted the briefs, each no more than 15 pages long, preceding oral arguments in the appellate review of Section 2257, which is slated for Dec. 9 at the 3rd Circuit in Philadelphia.

The U.S. Supreme Court held in Renton in 1986 that cities may impose regulations prohibiting adult theaters from operating within certain areas, finding that the regulation in question was a content-neutral time, place and manner restriction for purported “secondary effects.”

FSC attorneys contend that under a case decided at the U.S. Supreme Court earlier this year, Reed v. Town of Gilbert, the challenged statutes are content-based regulations of speech subject to review under strict scrutiny and that the once-guiding case, Renton, does not survive Reed.

The statutes at issue here burden a particular category of protected expression based on its content — that is, expression containing sexual imagery,” the FSC said in its brief.

“Additionally, they draw content-based distinctions between categories of sexually explicit expression — treating expression depicting actual sexual conduct less favorably than expression depicting simulated sexual conduct. Consequently, they must be evaluated under strict scrutiny.”

The FSC went on to emphasize that the statutes regulate constitutionally protected sexually explicit expression “depicting adults in all manner of genres, including artistic, journalistic, educational and private expression.”

“For the Renton adverse secondary-effects theory to be even analogous, (let alone applicable), it would be necessary to conclude that constitutionally protected expression containing sexual images of adults causes the adverse secondary effect of unprotected child pornography, which, by definition, it does not,” the FSC said.”Protected expression does not cause unprotected expression.

“Child pornography is not an effect — secondary or otherwise — of that expression, like the harms of crime and reduced property values said to be caused by sexually oriented expression offered in adult bookstores and adult nightclubs. To suggest otherwise is a non-sequitur. This is not a secondary effects case.”

The Justice Department, however, said that the appellate court should sustain the constitutionality of the statutes because they have protected minors from sexual exploitation without substantially diminishing the quantity or accessibility of sexually explicit speech.

It noted that the statutes, “far from being an isolated speech regulation,” are part of a comprehensive legislative program to halt child pornography.

“In sum, Renton’s use of intermediate scrutiny recognizes that when the government regulates the non-communicative secondary effects of speech, it is often pursuing significant government interests at low cost to First Amendment freedoms,” the Justice Department said.

View FSC's brief

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

Cameryn Morie Makes Her WIFEY Debut

Cameryn Morie stars with her husband Bobby B. and Alberto Blanco in the latest release from Vixen Media Group studio imprint WIFEY.

Ken Feels Returns to Bellesa House

Ken Feels stars with Aviana Violet in the latest scene from Bellesa House.

Coco Bae Stars in 'Futa's Curse' From Futanari XXX

Coco Bae stars with Matty Mila in “Futa’s Curse,” from Futanari XXX, directed by Mark Zicha.

Elly Clutch Stars in Latest From Ricky's Room

2024 XMAs Female Clip Creator of the Year Elly Clutch stars in the latest release from Ricky's Room, titled "An Aftershock Affair."

Isa Bella, Sage Hunter Topline 'Lesbian Hotwives 3' From Sweetheart Video

Isa Bella and Sage Hunter headline the third volume of "Lesbian Hotwives," from Mile High Media studio imprint Sweetheart Video.

LeWood Drops 5th Volume of 'Anal Crazed'

Evil Angel has released “Anal Crazed 5,” the latest title from director/performer duo LeWood (Francesca Le and Mark Wood).

Remy Rune, Ruby Moon Headline Latest 'Lesbian Seductions'

Remy Rune and Ruby Moon topline the 81st volume of “Lesbian Seductions” from Girlfriends Films.

Mature.nl Taps MsSexySaigon as Producer

Mature.nl has named MsSexySaigon as its newest studio producer.

Ny Ny Lew Returns to Brazzers

Ny Ny Lew stars with multi-XMAs winner Vince Karter in the latest scene from Brazzers, titled “Naughty Ny Ny.”

Digital Playground Premieres Ricky Greenwood's Feature Thriller 'Raw'

Digital Playground has dropped “Raw,” the latest thriller from multi-XMAs winner Ricky Greenwood.

Show More