Justice Department Seeks Extension of Time to File 1st Brief in 2257 Appeal

Justice Department Seeks Extension of Time to File 1st Brief in 2257 Appeal

PHILADELPHIA — The Justice Department has filed a motion for a 37-day extension of time to deliver its first brief in its appeal over a judge’s final judgment and decree involving federal rules for adult-producer recordkeeping.

The Free Speech Coalition, which also has challenged the judgment and decree, has consented to the proposed extension.

The Justice Department’s first-step brief, originally due Wednesday, Nov. 28, would be due on Jan. 4 under the proposal.

The appeal and cross-appeal stem from a decision made in August by U.S. District Judge Baylson in Philadelphia.

In his latest ruling 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.

Baylson made his decision on the judgment and decree on the basis of evidence presented during an eight-day bench trial held in 2012, together with some subsequent additional declarations. The case has been in courtrooms for the past nine years.

The 37-day extension request was based on the caseload and personal schedule of the Justice Department’s appellate counsel, Anne Murphy. The request also was based on the amount of time to prepare the opening brief.

“The trial record is voluminous, and includes thousands of pages of exhibits,” the Justice Department said in its motion for a 37-day extension. “In sum, these cross-appeals present significant legal issues about the constitutionality of an Act of Congress in the context of a very extensive factual record. 

"Preparing the cross-appeal briefs will require appellate counsel to commit an unusually large amount of time to the appeal.”

The Justice Department noted that after Murphy has prepared a draft brief in this case, the draft must be reviewed by supervising appellate counsel, by trial counsel and by counsel in several other divisions of the Justice Department with an interest in the case. 

“In addition, paralegal staff must review the draft, which will then be corrected and prepared for filing,” the motion said, which also noted that it will be extremely difficult to coordinate, review and preparation the draft brief later in December, because of disruptions caused by the Christmas holiday.

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

Stephanie Love Performs 1st Anal Fisting in Latest for Evil Angel

Stephanie Love has performed her first anal fisting scene alongside director/performer, multi-XMAs winner Vince Karter in the latest scene from Evil Angel, titled “Stephanie Love Anal Gaping & Squirt.”

Penelope Reed Returns to Adult Time

Penelope Reed has returned to Adult Time for the latest Pure Taboo release, titled "The Family Ritual."

Pineapple Support to Host 'Neurodivergent Performers' Support Group

Pineapple Support is hosting a free online support group for neurodivergent performers.

Cherry Candle Makes Her Elegant Angel Debut in St. Paddy's Day Release

Cherry Candle has made her Elegant Angel debut alongside Danny Mountain in a St. Patrick’s Day-themed scene titled "For Fucks Sake!"

Brazzers Debuts New Series 'Glory House: Next Penetration'

2026 XMAs Best Lead Actor Ryan Reid, Tia Maria, and Beca Barbie star in the first episode of a new Brazzers limited series, “Glory House: Next Penetration.”

Andylynn Payne, Sasha Tatcha Lead Latest From TransSensual

Andylynn Payne and Sasha Tatcha star with Derek Kage in the latest scene from Mile High Media studio imprint TransSensual, titled “Gym Jail Bangarama.”

'Legal Impact' Webinar Unpacks North Carolina's New Consent Law

Industry attorney Corey D. Silverstein on Thursday held a webinar focused on North Carolina’s HB 805, a new law that has significantly altered performer consent requirements in the state.

Jennifer White Reflects on a Breakthrough Year in X3 Magazine

Newly crowned XMAs Female Performer of the Year Jennifer White takes center stage in the March issue of X3 magazine, the premier publication spotlighting the real personalities, passions, and stories behind top stars.

Abi James, Laynee James Star in Latest From TeamSkeet

Abi James stars with Laynee James and Connor Kennedy in the latest installment of TeamSkeet series “BadMilfs,” titled “Need Some Mommy Time?”

FSC Launches Privacy-First Age Verification Solution for Members

The Free Speech Coalition (FSC) announced today that it has granted members exclusive access to the PrivateAV age verification solution.

Show More