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

Cherry Kiss, Ella Reese Star in Latest From Bellesa Plus

Multi XMAs-winner Cherry Kiss stars with Ella Reese in a new release from Bellesa Plus.

Ravyn Alexa, Jasmine Sherni Lead Latest From Brazzers

Ravyn Alexa and Jasmine Sherni star with Scott Nails in the latest release from Brazzers, titled "Hot Tomboy Gets the DILF."

Jade Venus, Cliff Jensen Star in Latest From TransSensual

Jade Venus and Cliff Jensen star in the latest release from Mile High Media studio imprint TransSensual, titled "Locked In."

Gender X Debuts Jim Powers' Limited Series 'Trans Realtors'

Gender X Films has debuted the first installment of director Jim Powers’ limited series "Trans Realtors."

Sage Makes Her WIFEY Debut

Sage stars with her husband Onyx and Parker Ambrose in the latest release from Vixen Media Group studio imprint WIFEY.

Candie Luciani, Reina O'Hara Lead World Cup-Themed Collab From Fit 18/Immoral Productions

Candie Luciani and Reina O’Hara star in a World Cup-themed collaborative release from Fit 18 and Immoral Productions.

Lawsuit Alleging Meta Pirated VMG Content Will Move Forward

A U.S. district court on Thursday rejected Facebook parent company Meta’s motion to dismiss a suit by Vixen Media Group owner Strike 3 Holdings, which accuses Meta of pirating VMG content to train its artificial intelligence models.

Elly Clutch Stars in Latest From Brazzers

Multi-XMAs winner Elly Clutch stars with Ricky Johnson in the latest release from Brazzers, titled "Rise & Grind."

Playboy Partners With Creator Platform Tango

Playboy has partnered with creator platform Tango, introducing Playmates to the livestreaming service.

Anti-Porn Senator Introduces Federal Age Verification Bill

U.S. Senator Jim Banks of Indiana, who last month urged the Department of Justice to ramp up obscenity prosecutions, on Wednesday introduced a bill that would make age verification by adult websites federal law.

Show More