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

Amy Nosferatu, Bobbii Rose Lead Latest From TransAngels

Amy Nosferatu and Bobbii Rose star in the latest release from TransAngels, titled "Hot Loads Only."

Woodhull Survey Reveals Concern Among Sex Educators Over AV Laws' Impact on Access

A national survey of sex educators by the Woodhull Freedom Foundation found that a majority of sex educators and sexual health professionals are concerned that age verification (AV) laws will negatively impact access to information and resources.

Lulu Chu, Skyla Sun Topline Latest 'Please Make Me Lesbian'

Lulu Chu and Skyla Sun headline the 27th volume of "Please Make Me Lesbian," the latest release from Girlfriends Films.

Penthouse Names Lucy Mochi April's 'Pet of the Month'

Penthouse Magazine has named Lucy Mochi as Pet of the Month for April.

Clips4Sale Wins Trademark Infringement Case Against Fraudulent Domain

The World Intellectual Property Organization (WIPO) has ruled in favor of content platform Clips4Sale in a case against a website using a similar domain to impersonate the site.

Maitland Ward Featured in HBO Max Docuseries 'Hollywood Demons'

Multi-XMAs winner Maitland Ward is spotlighted in the HBO Max documentary series “Hollywood Demons.”

Lilith Grace Makes Her Tushy Raw Debut

Lilith Grace has made her debut for Vixen Media Group (VMG) studio imprint Tushy Raw, alongside Alberto Blanco.

Dasha Dime Makes Her TransAngels Debut

Dasha Dime has made her TransAngels debut opposite Eris Jolie in the studio’s latest release, titled “Bimbo Summit.”

Zara Makes Her Blacked Raw Debut

Zara has made her debut for Vixen Media Group studio imprint Blacked Raw, alongside Hollywood Cash.

Pineapple Support, SextPanther to Host Stress Management Support Group

Pineapple Support and SextPanther are hosting a free online support group focused on stress management for performers.

Show More