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

Private Drops Latest Volume of 'Four-Hand Massage'

Private has released the fourth volume of "Four-Hand Massage," directed by Raul Lora.

Yasmina Khan Makes Her WIFEY Debut

Yasmina Khan has made her debut for Vixen Media Group studio imprint WIFEY alongside her husband Brady Bud and reigning XMA Europe Male Performer of the Year Dimitri Shadow in the latest installment of the series "WIFEY Vacay."

Alexis Fawx Fronts Latest From Bellesa Plus

Multi-XMAs winner Alexis Fawx stars with Josh Rivers in the latest release from Bellesa Plus, titled "Show Me Yours, I’ll Show You Mine."

Amirah Adara Talks Roots, Ambition and the American Dream

Amirah Adara may be new to college football, but she's no stranger to scoring big. Fresh from attending her first Trojans game, the Budapest native shows off her newfound team spirit in a black USC tank top as she settles in at Sana’a Cafe in Los Angeles. It’s a taste of American life she’ll have more opportunities to enjoy with her work visa secured and a bevy of stateside projects ahead.

Vixen Media Group Extends Exclusive Contract, Brand Ambassadorship With Serenity Cox

Vixen Media Group (VMG) has renewed its exclusive contract with Serenity Cox and inked an extension of her brand ambassadorship of studio imprint WIFEY.

Hazel Heart Stars in Latest From Deeper

Hazel Heart stars with Dan Damage in the latest release from Vixen Media Group studio imprint Deeper, titled "Midterm."

Pre-Nominations Now Open for 2027 TEAs

The pre-nomination period for the 2027 Trans Erotica Awards (TEAs) is now open.

Digital Playground Premieres Ricky Greenwood's Action Feature 'Crash and Burn'

Digital Playground has dropped the first installment of "Crash and Burn," an action crime feature from multi-XMAs winner Ricky Greenwood.

Valentina Nappi Featured in Season 2 Cast of 'The Traitors: Italy'

Multi-XMAs winner Valentina Nappi will be among the Faithful in the second season of "The Traitors: Italy" on Prime Video.

Dragon Fruit, Lexi Star Headline Latest Volume of Angelo Godshack's 'Hardcore Gangbangs'

Dragon Fruit and Lexi Star topline the ninth volume of director Angelo Godshack's "Hardcore Gangbangs," from Evil Angel.

Show More