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 © 2025 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

Penthouse Names Hazel Winters August's 'Pet of the Month'

Penthouse Magazine has named Hazel Winters as Pet of the Month for August.

Bree Mills Wraps Production on Pure Taboo Thriller 'The Secrets We Share'

Adult Time has announced that production has wrapped on the thriller, "The Secrets We Share," written and directed by studio CCO Bree Mills.

Evil Angel Drops Angelo Godshack's 'Hardcore Gangbangs 4'

Evil Angel has released director Angelo Godshack’s “Hardcore Gangbangs 4.”

European Commission to Assess Pornhub, XVideos, XNXX Compliance With Digital Services Act

The European Commission plans to conduct a study to determine how well adult sites Pornhub, XVideos and XNXX are addressing illegal content and other potential harms under the EU’s Digital Services Act.

Sabien DeMonia Stars in Latest From Brazzers

Sabien DeMonia stars with Jordi El Nino Polla and Danny D in the latest release from Brazzers, titled “Double Stuffed Sabien.”

Connie Perignon Makes Her Deeper Debut

Connie Perignon has made her debut for Vixen Media Group (VMG) studio imprint Deeper, alongside Kazumi and Anton Hardon in “Bare Witness.”

German Higher Court Upholds Ban on PornHub, YouPorn

The Higher Administrative Court of Rhineland-Palatinate on Thursday upheld a “network ban” on Aylo-owned adult sites Pornhub and YouPorn for failing to comply with German age verification regulations.

Kaci Kennedy Makes Her WIFEY Debut

Creator Kaci Kennedy stars with her husband Dakota Sexton and Chocolate Rod in the latest release from Vixen Media Group studio imprint WIFEY.

Bad Bella Makes Her New Sensations Debut

Bad Bella has made her New Sensations debut, starring alongside Danny Mountain.

Alabama Notifying Adult Sites of New Tax Set to Take Effect Sept. 1

The Alabama Department of Revenue has begun sending notices to adult site operators about a new 10% tax on their revenues, set to be enforced starting Sept. 1.

Show More