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

Ukrainian Legislators Revive Porn Decriminalization Push

The Verkhovna Rada, Ukraine’s parliament, is once again considering a bill that would decriminalize the creation and distribution of pornography in that country — an activity that currently carries a prison sentence of three to five years.

Charlotte Sins on Porn, Power and Freedom

Charlotte Sins is cracking the whip. Or at least, she’s pretending to. Standing over a masked submissive on the set of her X3 cover shoot in North Hollywood, she’s a glam femdom vision in stiletto heels and retro ’50s pinup black hair. Leather whip draped over her bare shoulders, its black tip dangling suggestively between her long, tan legs, Sins moans softly.

Armani Black to Star in Latest From Bellesa Plus

Armani Black stars in the latest installment of the Bellesa Plus reality series “The Bellesa Challenge.”

Ofcom Fines XGroovy $986,000 for AV Noncompliance

U.K. media regulator Ofcom on Thursday imposed a fine of 700,000 pounds (about $986,000) against adult website XGroovy for failing to comply with provisions of the Online Safety Act.

Millie Morgan Leads Latest From MILFY

Millie Morgan stars with Sky Wonderland and Dan Damage in the latest release from Vixen Media Group (VMG) studio imprint MILFY, titled “Sexy MILF Teaches Younger Hottie to Take Control.”

Anissa Kate Fronts Latest From MILFY

Anissa Kate stars with Goldey in the latest release from Vixen Media Group (VMG) studio imprint MILFY.

Suki Sin Stars in Latest From Family Strokes

Suki Sin stars with Rion King in the latest release from the Family Strokes series "PervMom."

Digital Playground Premieres Ricky Greenwood's Action Feature 'The Tribunal'

Digital Playground has dropped “The Tribunal,” a futuristic, dystopian action film from multi-XMAs winner Ricky Greenwood.

Segpay Opens New Global Headquarters in Boca Raton

Segpay has selected Boca Raton for its new global headquarters.

X3 Euro All-Stars Paint Amsterdam Red in Billboard Campaign

The X3 Expo Euro All-Stars are making a splash on the vibrant streets of Amsterdam as the creator-first fan event prepares to make its debut on the continent.

Show More