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

Judge Dismisses Last NCOSE-Backed Suit Over Kansas AV Law

A federal judge on Monday dismissed a lawsuit alleging that adult site SuperPorn violated Kansas’ age verification law, citing lack of jurisdiction after similarly dismissing two related cases earlier this year.

ASACP Rolls Out 'Restricted to Adults' Labeling Tool Updates

The Association of Sites Advocating Child Protection (ASACP) has updated its Restricted to Adults (RTA) labeling system.

Zariah Aura, Dee Williams Front Latest From Transfixed

Zariah Aura stars with Dee Williams in the latest release from Transfixed, titled "Showing Her a Few Steps."

Yhivi Returns to HardX

Yhivi stars with Codey Steele in the latest release from XEmpire studio brand HardX, titled “Anal Fest With Yhivi.”

Charlotte Sins, Scarlett Alexis & Alison Rey Star in Latest 'Lez Be Bad'

Charlotte Sins, Scarlett Alexis, and Alison Rey star with multi-XMAs winner Casey Calvert in the latest installment of Adult Time series "Lez Be Bad," titled "A Little Help From Our Friends."

Asteria Jade Performs 1st Anal for Private

Asteria Jade performs her first anal scene alongside Dorian Del Isla in Private’s latest release.

Leilani Li, Blake Lovely Star in Latest From TGirls.Porn

Leilani Li and Blake Lovely star in the latest release from Grooby paysite TGirls.Porn, titled "The Cat Women."

Emma Rose, Chris Epic Front New Release from Grooby

Multi-XMAs winner Emma Rose and Chris Epic star in the latest release from Grooby Girls, titled “I Need to Check Your Plumbing.”

Nata Gold Toplines Latest Volume of David Perry's 'Sexual Desires'

Nata Gold headlines the third volume of director David Perry's “Sexual Desires” from Evil Angel.

Raissa Bellini, Koda Monroe Lead Latest From Brazzers

Raissa Bellini and Koda Monroe star with JMac in the latest release from Brazzers, titled "Pussies in Paradise."

Show More