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

Pineapple Support Taps Athena Bellamy as Brand Ambassador

Pineapple Support has named Athena Bellamy as its newest brand ambassador.

Reptyle Launches Cross-Site Special Event 'The In-Laws'

Reptyle is launching a new cross-site special event on its TeamSkeet, MYLF, Swappz, and Family Strokes imprints, titled "The In-Laws."

AV Bulletin: Health Warnings, VPNs and Exemptions

Since the Supreme Court’s decision in Free Speech Coalition v. Paxton, more state age verification laws have been introduced around the United States, as well as at the federal level and in other countries. This roundup provides an update on the latest news and developments on the age verification front as it impacts the adult industry.

Jade Venus, Little Puck & Olivia Jay Star for Transfixed

Jade Venus stars with Little Puck and Olivia Jay in the latest release from Transfixed, titled "The Great Ladies' Taste-Off."

Cassie Del Isla Performs Her Final DP for DFXtra

Cassie Del Isla has performed the last DP of her career alongside Will Tile and Goldey in a new scene from DFXtra, titled "Getting the Job Done."

Kendra James, Evie Christian Headline 'Lesbian Step-Daughters 9'

Kendra James and Evie Christian topline “Lesbian Step-Daughters 9” from Girlfriends Films.

Sophia Locke Stars in Latest From Spankbang Gold

Recently crowned XMAs MILF Performer of the Year Sophia Locke stars with Ten Against in the latest release from Spankbang Gold, titled "Fuck a Fan."

Stacy Lynn Returns to Grooby in New TGirl40 Release

Stacy Lynn stars with Juan Dadon in the latest scene from Grooby paysite TGirl40, titled “The Strength Below.”

Anissa Kate Headlines 'Working Girls 3' From Reality Junkies

Anissa Kate toplines the third volume of "Working Girls" from Mile High Media studio imprint Reality Junkies.

Lucy Mendez Makes Her Immoral Debut

Lucy Mendez has made her debut for Immoral Productions, alongside Charlie Dean and Matt Bird.

Show More