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

Alana Rose Makes Her TeamSkeet Debut

Alana Rose has made her TeamSkeet debut alongside Gigi Sweets and Tony Sting.

Elly Clutch, Girthmasterr to Host 2026 XMA Creator Awards

XBIZ is pleased to announce Elly Clutch and Girthmasterr as co-hosts of the 2026 XMA Creator Awards, presented by premium creator platform Fansly.

Lilly Bell Leads Latest From Blacked

2025 XMAs Girl/Girl Performer of the Year Lilly Bell stars with Jax Slayher in the latest release from Vixen Media Group studio imprint Blacked.

Nicole Doshi Fronts Latest From Bellesa Plus

Nicole Doshi stars with Ryan McLane in the latest release from Bellesa Plus.

Juliana Marie Returns to New Sensations

Juliana Marie stars with Damon Dice in the latest release from New Sensations.

Amirah Adara, Dakota Dove Star in Latest From MixedX

Multi-Euro XMAs winner Amirah Adara stars with Dakota Dove in the latest release from MixedX, titled "Fatal Consultation."

Octavia Red Makes Her Digital Playground Debut in Ricky Greenwood Western 'The Drifter'

Reigning XMAs Girl/Girl Performer of the Year Octavia Red has made her Digital Playground debut alongside Alex Jones in the first installment of the new Ricky Greenwood western feature "The Drifter."

Melissa Stratton Headlines Jonni Darkko's 'Cum on My Face 3'

Melissa Stratton toplines multi-XMAs-winning director Jonni Darkko's “Cum On My Face 3,” from Evil Angel.

Lucy Mochi, Girthmasterr Star in Latest From Brazzers

Lucy Mochi stars with Brazzers exclusive Girthmasterr in the studio's latest release, "Too Many Rooms, Not Enough Cum."

FSC: TAKE IT DOWN Act Provisions Take Effect May 19

The Free Speech Coalition has issued a reminder notice that the notice-and-removal requirements of the federal TAKE IT DOWN Act will go into effect on May 19.

Show More