FSC's 2257 Case Heads Back to Court on Sept. 28

FSC's 2257 Case Heads Back to Court on Sept. 28

PHILADELPHIA — Later this month, a federal judge in Philadelphia will hear oral arguments on competing motions for judgment in the Free Speech Coalition’s long-running challenge over federal record-keeping statutes for adult entertainment producers.

The two opposing sides, the FSC and the Justice Department, are each seeking a judgment in their favor.

At the heart of the current case, the FSC contends that the Justice Department has failed to establish the existence of a problem that 18 U.S.C. §§ 2257 and 2257A were purportedly enacted to address and that the statutes are unconstitutionally overbroad.

The FSC has asked for the court to enter judgment declaring 2257 and 2257A and their implementing regulations unconstitutional and permanently enjoining their enforcement, claiming the laws violate the First Amendment.

The Justice Department, meanwhile, argues in a motion that the government continues to have a “compelling interest” in protecting children from sexual exploitation by pornographers and that 2257 and 2257A satisfy strict scrutiny’s narrow tailoring requirement. (Strict scrutiny presumes a law to be invalid unless the government can prove the law's constitutionality and demonstrate a compelling governmental interest in keeping it.)

Oral arguments over the strict scrutiny issues will come about eight months after U.S. District Judge Michael Baylson entered a judgment in favor of the FSC and against the government over several portions of 2257 that required 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.

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

Oral arguments have been set for Thursday, Sept. 28, at 2:30 p.m. before Baylson at Philadelphia federal court.

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

Sabien DeMonia Makes Her Hentaied Debut

Euro XMAs winner Sabien DeMonia has made her debut for Hentaied alongside Dimitry Simonit in the latest installment of the series "Futanari-Dom," titled "Secret Side of Me."

Reborn Cinema Sets Sex and Storytelling to a Tropical Soundtrack

In Karim Z's imagination, it all started in Rio de Janeiro. There was sun, sand and plenty of skin. Beautiful people cavorted along the beach while the sounds of bossa nova, rock and electronic music washed over scenes of sex and excess. The performers would be Brazilian, the dialogue would be in Portuguese and music would drive the action as much as anything happening on screen.

Report: UK Film Classification Board to Monitor 'Extreme' Content Online

The U.K. government has tapped the British Board of Film Classification (BBFC) for a pilot program to monitor online pornography for illegal and “extreme” content, as it prepares to enforce new content restrictions, British media outlet Sky News is reporting.

New Federal Report Slams Debanking but Ignores Adult Industry

The Office of the Comptroller of the Currency (OCC) on Wednesday released a report on debanking activities at nine large national banks, but omitted any mention of the adult industry, despite previously identifying it as a sector facing banking discrimination.

Ravyn Alexa Makes Her Reality Kings Debut

Ravyn Alexa has made her debut for Reality Kings alongside Lucas Frost in the studio's latest release, titled "Inked and Oiled."

Yhivi Stars in Latest From Kink.com

Yhivi stars with director John Paul "The Pope" in the latest release from Kink.com, titled "Bound and Squirting."

TTS Expands Testing Coverage to 300 New Labs

Talent Testing Service (TTS) has expanded its coverage to 300 ARCPoint and Any Lab Test Now locations across the U.S.

EU Court Rejects Stripchat Challenge of Past VLOP Designation

The EU’s General Court on Wednesday ruled against Stripchat in a lawsuit seeking to annul a 2023 European Commission decision designating the site as a “very large online platform” (VLOP) under the Digital Services Act (DSA).

Penny Barber Leads Latest From MYLF

Penny Barber stars with newcomer Vince Vicious in the latest release from MYLF.

Emma Rose, Kasey Kei Star in Latest From Transfixed

Multi-XMAs winner Emma Rose and Kasey Kei star with Ameena Green in the latest release from Transfixed, titled "A Nuru Solution."

Show More