U.S. Judge: Key Portions of 2257 Are Unconstitutional

U.S. Judge: Key Portions of 2257 Are Unconstitutional

PHILADELPHIA — A federal judge today, siding with the Free Speech Coalition and other plaintiffs, declared unconstitutional key portions of 18 U.S.C. §§2257 and 2257A, the federal performer record-keeping statutes for adult entertainment producers.

U.S. District Judge Michael Baylson today entered a judgment in favor of the adult entertainment trade group and against the government over portions of 2257 that require recordkeepers to "make such records available to the attorney general for inspection at all reasonable times,” as well as its implementing regulations under 28 C.F.R. §75.5.

Baylson said that those elements of 2257 were facially unconstitutional under the Fourth Amendment, which protects against unreasonable searches and seizures.

J. Michael Murray, one of the attorneys representing the FSC in the long-running case, told XBIZ that the outcome over the Fourth Amendment issues in the case was “very exciting” and that Baylson’s ruling represented a “great achievement.”

“What still remains in the case are the First Amendment issues,” Murray said. “But with this judgment, the government can’t come unannounced seeking records.

“There still is more litigation, and I recommend for adult producers to comply [with 2257 requirements]. Ultimately, we are trying to [dismantle] the entire statutory scheme.”

The Free Speech Coalition and various performers and industry stakeholders sued the government over the laws, holding that the inspection provisions of the statutes are facially unconstitutional.

Baylson’s ruling over the Fourth Amendment issues in the case follows a 3rd U.S. Circuit Court of Appeals judgment made against the government in August.

The case then moved back to Baylson’s courtroom in Philadelphia to determine whether the statutes withstand strict scrutiny, which presumes a law to be invalid unless the government can prove the law's constitutionality and demonstrate a compelling governmental interest in keeping it.

Today, Baylson ruled for the FSC and Murray, along with co-counsel Lorrie Baumgardner.

Murray said that the next phase of the case will move to the First Amendment issues. He told XBIZ that he has a conference call scheduled with Justice Department attorneys and Baylson later this month.

Upon comment, Lawrence Walters, an industry attorney at Walters Law Group, told XBIZ: "This judgment makes the 3rd Circuit ruling official, and confirms that the requirement of producing 2257 records without a warrant violates the Fourth Amendment."

Industry attorney Marc Randazza of Randazza Legal Group told XBIZ late Tuesday that he was not surprised of Baylson’s decision.

“With the great legal team they had, this is no surprise,” Randazza said. “[They’ve been] a great service to the Constitution.”

View 2257 judgment

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

Brittany Andrews Leads Latest Scene From DFXtra

Brittany Andrews stars with Will Tile and Pierce Paris in the latest scene from DFXtra.

Jasmine Sherni Fronts Latest Release From TeamSkeet

Jasmine Sherni stars with Isabella Jules and Donnie Rock in the latest scene from TeamSkeet’s “Freeuse” series, titled “Freeuse Is a Gooner’s Best Friend.”

Yhivi Stars in Latest From Brazzers

Yhivi stars with Scott Nails in the latest Brazzers scene, “On Yhivi’s Table.”

Creator, Influencer YesKingzTV Passes Away at 47

Adult content creator and social media personality YesKingzTV, aka Micheal Willis Heard, has passed away at the age of 47.

Jade Greene Fronts Latest From Swappz

Jade Greene stars in the new scene from Swappz, titled “‘You've Been Fucking My Daughter?!’ I Swapped Boyfriends With Mom.”

Maestro Claudio, Ashley Lane Featured in HBO Series 'The Chair Company'

Maestro Claudio and Ashley Lane star in a new episode of the HBO series “The Chair Company,” titled “I Won. Zoom In.”

Richard Mann Drops New Evil Angel Scene With Alexis James

Alexis James stars in a new Evil Angel scene alongside director/performer Richard Mann.

Cubbi Thompson Fronts Latest From Dark X

Cubbi Thompson stars with Jax Slayher in the latest release from XEmpire studio brand Dark X, titled “Busty Cubbi Thompson Gets Slayed.”

Lilly Bell Stars in Latest From TeamSkeet

Reigning XMAs Girl/Girl Performer of the Year Lilly Bell stars in a new scene for TeamSkeet’s “Breeding Material” series, titled “Doctor's Orders! Desperate Friends Need a Triple Breeding Session.”

Performer Jeanna Fine Passes Away at 61

Performer Jeanna Fine has passed away at age 61, according to social media reports.

Show More