U.S. Judge Dismisses Some of FSC’s 2257 Claims

DENVER — The federal judge hearing the Free Speech Coalition’s case against the U.S. government over 18 U.S.C. §2257 has dismissed some of the adult industry’s claims.

U.S. District Judge Walker D. Miller dismissed all of the FSC’s claims with the exception of 2257’s new rules relative to Internet chat rooms and secondary producers, which include online adult companies that act as affiliates.

Miller also kept alive the FSC’s claim alleging the new rules are beyond the scope of the federal government and that they are retroactive.

Miller held that the government's actions "fairly supported" the regulation and granted a summary judgment motion, rejecting FSC's 1st Amendment challenge.

He also noted that the Adam Walsh Act had amended 2257, and that the 10th Circuit’s Sundance decision had been overruled by Congress.

Miller, however, upheld the domestic identification requirement for domestic production and adopted the government's interpretation regarding offshore production. He also kept intact the government's requirement on keeping copies of URL addresses relative to sexually explicit depictions.

Miller asked the FSC to show cause over the claims left in the suit by April 16.

FSC attorneys have identified and are working on a number of strategies to address Miller’s decision, FSC Board member Reed Lee said.

“While we are disappointed by Judge Miller’s ruling,” Lee said. “This case is far from over. There are a number of constitutional issues, previously appropriately avoided by Judge Miller that must now be addressed.”

The FSC filed suit in 2005 at U.S. District Court seeking to enjoin enforcement of 2257’s new rules.

The new regulations require producers to keep detailed information to verify the identity and age of their performers, including date of birth, legal name and a copy of a photo identification card. They apply to adult material dating to July 3, 1995. Violators face up to five years in prison for a first offense and 10 years for subsequent violations.

Plaintiffs to the suit include the Canoga Park, Calif.-based FSC; the FSC's Littleton, Colo., chapter; adult distributor New Beginnings Ltd. of Sylmar, Calif.; and New Beginnings owner Leonard Friedlander. Another plaintiff is David Connors of San Diego, owner of about 600 adult sites and producer of 41 adult videos under the Dave Cummings Production label.

The suit by attorneys representing three law firms — Denver-based Schwartz & Goldberg; Sirkin, Pinales & Schwartz of Cincinnati, Ohio; and Buffalo, N.Y.-based law firm Lipsitz, Green, Fahringer, Roll, Salisbury & Cambria — argues that the guidelines are an unconstitutional burden and would do little to protect children.

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

Milena Ray Is Hustler's 'Cover Honey' for May

Milena Ray is the Cover Honey for the May issue of Hustler Magazine and appears in a 14-page centerfold spread shot by Davide Esposito.

Vanna Bardot, Chloe Foxxe Headline 'Dad's Lesbian Lover 4'

Two-time XMAs Female Performer of the Year Vanna Bardot and Chloe Foxxe topline the fourth volume of "Dad's Lesbian Lover," the latest release from Girlfriends Films.

Andylynn Payne, Sasha Tatcha Topline 'TS Girls Do It Best 3' From TransSensual

Andylynn Payne and Sasha Tatcha headline "TS Girls Do It Best 3," from Mile High Media studio imprint TransSensual.

Casey Calvert Wraps Production on Girlsway Feature 'Straight Girls'

Adult Time has announced that production has wrapped on the feature, "Straight Girls," directed by multi-XMAs winner Casey Calvert.

RocketGate Taps Joël Drapeau for Senior Account Executive Role

Payment processing company RocketGate has hired industry veteran Joël Drapeau as its new account executive for business development and client relations.

VR Reloaded: Inside the Next Era of Immersive Adult Entertainment

For years, virtual reality in adult entertainment hovered somewhere between “quirky novelty” and “exciting promise of things to come.” While the technology hinted at a radically different way to experience erotic media, early experiments often required bulky headsets, complicated downloads, and production techniques that weren’t yet quite up to the task.

On the Set: Seth Gamble, Wicked Serve Up 'Sweet Juggz of Justice'

It’s Easter Sunday, and there’s a rainbow shining at Tranquility Canyon Movie Ranch in Santa Clarita, California. Only this one isn’t in the sky. It’s on the ground and made up of four powerhouse performers, Angel Youngs, Octavia Red, Rissa May, and Vanna Bardot, dressed in vivid, artfully styled color on the set of Seth Gamble’s new Wicked Pictures feature, “Sweet Juggz of Justice.”

Violet Voss Makes Her Blacked Raw Debut

Violet Voss has made her debut for Vixen Media Group studio imprint Blacked Raw, alongside multi-XMAs winner Isiah Maxwell.

Pineapple Support Names Ocean Hanx Brand Ambassador

Pineapple Support has named creator Ocean Hanx as its newest brand ambassador.

Penny Barber, Nina Nova Star in Latest From Girlsway

2025 XMAs MILF Performer of the Year Penny Barber stars with Nina Nova in the latest release from Girlsway series "Mommy's Girl," titled "A Bit of a Stretch."

Show More