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 © 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

Aylo Moves to Settle Two 'Children of Pornhub' Class-Action Lawsuits

Aylo has agreed to terms for a settlement with the plaintiffs in two long-running class actions over allegations that former Pornhub parent company MindGeek knowingly allowed and profited from CSAM on its sites.

Ophelia Fae, Ameena Green Take a Bow at Screening of Casey Calvert's 'Straight Girls'

Casey Calvert returned to Elysian Theater in Los Angeles on Thursday night for an intimate screening of her new Adult Time/Girlsway feature "Straight Girls," which just so happens to have been filmed on that very stage.

Busty Anabel Makes Studio Debut, Performs Her 1st DVP for Immoral Productions

Busty Anabel has made her studio debut and performed her first DVP alongside Matt Bird, Jacob Coldwater, and studio honcho “Porno Dan” Leal in the latest trilogy from Immoral Productions.

Kira Noir Leads Latest From Brazzers

Kira Noir stars with Eddie Jaye in the studio's latest release, titled “Couples Massage Getaway.”

Tigerlilly Launches 'SugarCoatedSweethearts' Through PAYSITE

Tigerlilly has launched SugarCoatedSweethearts.com through PAYSITE.

Gender X Debuts Jim Powers' Limited Series 'Trans Deliveries'

Gender X Films has debuted the first installment of director Jim Powers’ limited series "Trans Deliveries."

Lo Lacey Makes Her WIFEY Debut

Lo Lacey has made her debut for Vixen Media Group studio imprint WIFEY alongside her husband Nathan, Dan Damage, and Goldey.

Gigi Dior Toplines Latest 'MILF Anal' From Doghouse Digital

Gigi Dior headlines the second volume of “MILF Anal” from Mile High Media studio imprint Doghouse Digital.

ASACP Marks 30-Year Anniversary

ASACP is celebrating 30 years of operation, during which it has received over 1.3 million reports from web admins and the public about suspected child pornography.

Tiffani Time Fronts Latest From Kink.com

Tiffani Time stars with Arin Jones in the latest release from Kink.com’s “Edged and Bound” series, titled “Dom Surrenders and Submits.”

Show More