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

Federal AV Proposal Scores Minor Win in House but Remains in Doubt

A newly announced bipartisan agreement in the U.S. House of Representatives Committee on Energy and Commerce may soon bring a proposed federal age verification law before the full House, but the measure continues to face an uphill battle.

Khloe Kingsley, Derek Kage Lead Latest From Family Strokes

Khloe Kingsley and Derek Kage star in a Father's Day-themed release from Family Strokes.

Kylie Rocket Toplines Latest 'Luxure' From Dorcel

Kylie Rocket headlines "My Wife, Her Lovers, and I," the latest installment of Dorcel's "Luxure" series.

Swamp Barbee Makes Her WIFEY Debut

Swamp Barbee stars with her husband Bruce and Jason Luv in the latest release from Vixen Media Group studio imprint WIFEY.

Arizona Governor Vetoes 'Protect Act' With New Consent Provisions

Arizona Governor Kate Hobbs on Friday vetoed HB 2133, the “Protect Act,” which would have imposed new requirements for adult content uploaded online.

Brazil Begins Monitoring 18 Adult Sites for AV Compliance

Brazil’s National Data Protection Authority (ANPD) is now monitoring 18 high-traffic adult websites for compliance with the country’s Digital Statute for Children and Adolescents (Digital ECA), which requires such sites to age-verify users located in Brazil.

Ofcom Fines First Time Videos $100,000 for AV Noncompliance

U.K. media regulator Ofcom on Thursday imposed a fine of 80,000 pounds (more than $100,000) against First Time Videos, which operates FTVGirls.com and FTVMilfs.com, for failing to implement age checks required for compliance with the Online Safety Act.

Curves Ahead: How BBW Creators are Turning Differentiation Into Competitive Advantage

For centuries, curves have been celebrated as a symbol of beauty, sensuality and power. From the soft opulence of Rubens paintings to the glamorous silhouettes of pinup icons, fuller figures have long occupied a place in art, fashion and fantasy.

Elizabeth Skylar Performs Her 1st Anal for Elegant Angel

Elizabeth Skylar performs her first anal scene alongside Danny Mountain in the latest release from Elegant Angel, directed by Mad Creativity.

Woodhull Freedom Foundation to Host Virtual 'Pride' Edition of 'Fact Checked' Series

Woodhull Freedom Foundation is hosting a Pride Month virtual edition of its series “Fact Checked by Woodhull.”

Show More