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

Kazumi Guests on Chaturbate's 'Sex Tales' Podcast

Kazumi is the latest guest on Chaturbate’s “Sex Tales” podcast, hosted by Melissa Stratton and Vanniall, and streaming on the company’s “Camming Life” YouTube channel.

Abigaiil Morris Stars in Latest From Brazzers

Abigaiil Morris stars with Danny D in the latest release from Brazzers, titled "Cooking With Abigaiil."

Barbie Rous Is Hustler's 'Cover Honey' for April

Barbie Rous is the Cover Honey for the April issue of Hustler Magazine and appears in a 12-page centerfold spread shot by Davide Esposito.

Lovita Fate Returns to Immoral Productions

Lovita Fate stars in the latest trilogy from Immoral Productions, alongside Devils Kos, Terry Banks, and studio honcho “Porno Dan” Leal.

Andi Avalon, Emma Rosie Front Latest From Girlsway

Andi Avalon and Emma Rosie star in the latest Girlsway release, titled “Her Favorite Dessert.”

WIFEY Publishes 'Hotwife Paradox' Report

Vixen Media Group studio imprint WIFEY has published a report on the hotwife lifestyle.

Performer/Creator Seth Peterson Passes Away at 28

Performer and creator Seth Peterson passed away on Saturday, according to his fiancé and best friend, Kobe Marsh. Peterson was 28.

Alina Lopez on Finding the Blueprint for XMA Gold

“This year, I’ve already traveled out of the country, gone to two major award shows and bought a new house,” Alina Lopez tells XBIZ, offering a sigh of exhaustion. “And February’s not even over.”

Avery Lust Leads New Scene from Grooby

Avery Lust stars in the latest release from Grooby Girls, titled “In the Wild.”

Avery Lust, Kasey Kei & Nicole Vaunt Headline 'TS Adventures 2' From TransSensual

Avery Lust, Kasey Kei, and Nicole Vaunt topline “TS Adventures 2” from Mile High Media studio imprint TransSensual.

Show More