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

RM11 Joins Pineapple Support as Supporter-Level Sponsor

RM11 has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

PASS Names 3 New Board Members

Performer Availability Screening Services (PASS) has named RubyLynne, Beth McKenna, and Kira Noir as new members of its board of directors.

Avery Lust, Ariel Demure Headlines 'TS Chronicles 2' From TransSensual

Avery Lust and reigning XMAs Trans Performer of the Year Ariel Demure topline “TS Chronicles 2” from Mile High Media studio imprint TransSensual.

ARPornTube Launches New Site

ARPornTube has officially launched its new site.

Adriana Chechik Returns to Blacked Raw With Blake Blossom

Adriana Chechik and Blake Blossom star with Sheem in the latest release from Vixen Media Group (VMG) studio imprint Blacked Raw.

Rocco Siffredi Makes On-Camera Return, Launches New Creator Platform

and he’s doing it in a way that reflects both his legacy and the creator-driven landscape shaping today’s market. His latest endeavor is built entirely around collaborations, an approach he says immediately energized him and clarified what this new chapter should look like.

Reagan Foxx Leads 'The Substance' Parody From MYLF

2023 XMAs MILF Performer of the Year Reagan Foxx stars in MYLF's ‘The Substance’ parody, titled “A Sluttier Version of Yourself.”

Jessi Rae Makes Her Deeper Debut

Vixen Media Group (VMG) exclusive Jessi Rae has made her debut for the studio's imprint Deeper, alongside multi-XMAs winner Isiah Maxwell in “Key Mistress.”

Mark Spiegler Named XBIZ Talk Guest for 2026 LA Conference

XBIZ is pleased to announce that famed talent agent Mark Spiegler, impresario of the the Spiegler Girls agency, will join an exclusive talk session at XBIZ 2026, the latest edition of North America’s largest adult industry conference, set to take place Jan. 12-15 at the Kimpton Everly Hotel in Hollywood.

Angela White Fronts Latest From Brazzers

Multi-XMAs winner Angela White stars with Scott Nails in the latest release from Brazzers, “Run Club Rules.”

Show More