Justice Department Appeals 2257 Judgment, Decree

Justice Department Appeals 2257 Judgment, Decree

WASHINGTON — The Justice Department today appealed a federal judge’s final judgment and decree in the Free Speech Coalition’s long-running case over recordkeeping regulations for adult producers.

The government’s appeal to the 3rd U.S. Circuit Court of Appeals stems from a ruling issued in August by U.S. District Judge Michael Baylson.  

In his decision over the regs, 18 U.S.C. §§ 2257 and 2257A, Baylson found that large parts of the recordkeeping regulations were unconstitutional on First Amendment grounds. An earlier FSC victory against the regulations on Fourth Amendment grounds came from a 3rd U.S. Circuit Court of Appeals ruling.

The FSC in August said that since the fight over 2257 regulations started in 2005, more than $1 million in legal costs have been spent.

In August, industry attorney Jeffrey Douglas, also board chair of the FSC, defended the expenditure, noting, “This complex and morality-based regulation has been costing our industry untold millions, and [it] exposed adult producers, performers, affiliates, press and others to broad and biased prosecution by the federal government.”

Under 2257, both primary and secondary producers — including cam and tube sites — are required to keep extensive, cross-referenced records of any model that appears on their site, regardless of whether that site had any role in producing the original content.

Last summer, the FSC created a lawsuit donation page to help face a looming appeal. At the time, the adult trade group called Baylson’s judgment and decree a “major legal victory.”

Today, the FSC's executive director, Eric Paul Leue, told XBIZ the adult entertainment trade group will continue its fight against the regulations, which many have described through the years as "draconian."

“As we expected, the government has appealed Judge Baylson’s ruling striking down major parts of the 2257 regulations as unconstitutional under the First and Fourth Amendments, and permanently enjoining the government from enforcing those parts of the statutory scheme," Leue said. "FSC has a right to appeal as well, and we will continue to defend the rights of legal producers.”  

View notice of appeal

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

Italian Court in Aylo Case Limits International Reach of AV Rules

An Italian administrative court has ruled that Italy’s recently-enacted age verification rules for adult content may not currently be enforced against sites based in other EU member states, pending further procedural action under the EU’s Directive on Electronic Commerce.

OCC, FDIC Prohibit Use of 'Reputation Risk' by Regulators

The Office of the Comptroller of the Currency (OCC) and the Federal Deposit Insurance Corporation (FDIC) on Tuesday issued a final rule codifying the elimination of ‘reputation risk’ from their supervision of financial institutions.

Kasey Kei Stars in Latest From GenderX

Kasey Kei stars with Jade Radd and Sage Roux in the fourth installment from the new GenderX title, "Trans Honey Trap #5."

Brittney Kade, Jessica Ryan Front New Transfixed Release

Brittney Kade and Jessica Ryan star with and Sage Roux in the latest release from Transfixed, titled "Menage a Trans #10."

Andi Avalon, Koda Monroe Lead New Threesome From Brazzers

Andi Avalon and Koda Monroe star with Victor Ray in the latest release from Brazzers, titled "MILF Meter Blast-Off.”

Yhivi Stars in Latest From Brazzers

Yhivi stars with Brazzers exclusive Girthmasterr in the studio's latest release, titled "Wild Nights."

Milena Ray Leads Dorcel's 'PL4Y #3'

Milena Ray headlines the latest release from Dorcel, titled “PL4Y #3.”

Ivy Ireland Toplines Vince Karter's 'Karter Kreation 2'

Ivy Ireland headlines reigning and three-time XMAs Male Performer of the Year Vince Karter’s latest Evil Angel directorial, “Karter Kreation 2.”

Leana Lovings Returns to Hentaied

Leana Lovings stars in the latest Hentaied scene, titled “Containment Breach.”

Wisconsin Governor Vetoes Age Verification Bill

Gov. Tony Evers on Friday vetoed AB 105, an age verification bill that would have allowed anyone to sue adult content providers for damages over alleged failure to age-verify users in Wisconsin, with penalties of up to $10,000 per violation.

Show More