FSC, Justice Department Can't Agree About Proposed 2257 Judgment

FSC, Justice Department Can't Agree About Proposed 2257 Judgment

PHILADELPHIA — The Free Speech Coalition and the Justice Department cannot come to terms for a joint proposed final judgment over First Amendment issues in the legal battle involving federal recordkeeping laws 18 U.S.C. §§ 2257 and 2257A.

Instead, each party offered their own proposed final judgment entry to U.S. District Judge Michael Baylson, who has been hearing the long-running case.

Baylson last month had ordered both sides to formulate a judgment that conformed to decisions the court has already made. Today was the deadline for each to file.

FSC attorneys J. Michael Murray and Lorraine Baumgarder noted in the entertainment trade group’s brief that the U.S. Supreme Court’s recent decision, National Institute of Family and Life Advocates v. Beceria, provides further support for its argument that the labeling requirements are unconstitutional under the First Amendment.

In that case, decided on June 26, the high court held that notices required by California’s FACT Act, which mandated that crisis pregnancy centers provide certain disclosures about state services, violate the First Amendment by targeting speakers rather than speech.

Justice Department attorneys in their brief maintained the agency’s stance and asked the court to reject the FSC’s own proposed judgment.

The FSC and other plaintiffs sued the Justice Department over the label requirements in 2009, offering up First and Fourth Amendment challenges to the laws that have been described by the industry as burdensome.

Last year the FSC won its Fourth Amendment challenge over unreasonable searches and seizures at producers’ businesses at the 3rd U.S. Circuit Court of Appeals. The court invalidated a portion of § 2257.

The FSC later focused on a bid for permanent injunction enjoining the statutes’ enforcement because it is viewed by the trade group as overly broad and unconstitutional relative to the First Amendment.

Baylson said in May that if the parties could not agree on a proposed final decree, the court will make a final decision for them.

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

Dreamcam Rolls Out Web-Based Passthrough VR

Dreamcam has introduced web-based passthrough VR functionality to its streaming platform.

2026 TEAs Nominees Announced

Nominees for the 2026 Trans Erotica Awards (TEAs), presented by Clips4Sale, have been announced. The ceremony will return to the Avalon in Hollywood on Sunday, March 8.

JD Directs New Arya Santana Showcase

Evil Angel has released director JD’s latest showcase, titled "Bad Behavior: Arya Santana."

Lauren Phillips, Derek Kage Cap AEBN's Top 100 Stars of 2025

AEBN has revealed its top 100-selling stars of 2025 in both gay and straight theaters.

The Game to Bring West Coast Fire to X3 Expo Grand Finale

Multi-platinum West Coast rapper The Game will close out X3 Expo grand finale, presented by Chaturbate, with a high-octane live performance at the Hollywood Palladium on Saturday, Jan. 17, delivering a finale built on swagger, legacy and raw LA energy.

Anna Bella Makes Her Studio Debut in Latest From Immoral

Anna Bella has made her studio debut in the latest release from Immoral Productions, alongside Matt Bird and studio honcho “Porno Dan” Leal.

Danni Jones Returns to Pervz

Danni Jones stars with Ryan Mclane in the latest episode of the Pervz series "ShoplyfterMYLF," titled "Case No. 8004409 — Weren’t You My Tutor?"

Former IEAU Officer Sentenced to 4 Months

Amanda Gullesserian, who performed in the industry under the name Phyllisha Anne and founded the now-defunct International Entertainment Adult Union (IEAU), has been sentenced to four months’ imprisonment for making a false statement in an IEAU federal financial report.

Sky Wonderland, Melody Marks Front Latest From Blacked Raw

Sky Wonderland and Melody Marks star with Sheem in the latest release from Vixen Media Group (VMG) studio imprint Blacked Raw.

2026 XBIZ LA Conference Schedule Announced

XBIZ is pleased to announce the release of the full show schedule for the XBIZ 2026 conference, set to take place Jan. 12-15 at the Kimpton Everly Hotel in Hollywood.

Show More