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

California, Florida Reps File Latest Bill to Repeal Section 230

Two members of Congress on Thursday introduced new legislation to repeal Section 230 of the Communications Decency Act, which protects interactive computer services — including adult platforms — from liability for user-generated content.

Amy Nosferatu Stars in 'Pin-Up Pinned Down' From TransAngels

Amy Nosferatu stars with Everlyy666 in the latest scene from TransAngels, titled “Pin-Up Pinned Down.”

Admaze Introduces Flat-Rate Media Buying for Publishers, Advertisers

Adult ad network and agency Admaze has introduced a flat-rate media buying model for publishers and advertisers.

Centro Launches Lifetime Revenue Share Affiliate Program 'CentroPulse'

Centro has launched CentroPulse, its new lifetime revenue share affiliate program for performance marketers, adult traffic affiliates, established webmasters, and sub-affiliate network operators.

Fanstage Launches Telegram Sales Solution

Fanstage has launched its new platform, allowing creators to sell PPV content directly from their Telegram DMs.

On the Set: Ricky Greenwood Goes Intergalactic With 'Mega Perv'

Somewhere on the mean streets of Downtown Los Angeles, Scott Nails wears a Speedo while being chased by a giant scrotum that resembles the boulder Indiana Jones narrowly escaped in "Raiders of the Lost Ark."

Second Bill Proposed to Shield US Sites From 'Foreign Censorship'

For the second time in recent weeks, a Republican congressman has introduced legislation to bar U.S. courts from helping to enforce foreign laws restricting speech that would domestically be protected under the First Amendment, potentially including foreign age verification laws.

Jessi Rae Performs Her 1st Anal in 'Equilibrium' Finale From Deeper

Jessi Rae performs her first anal scene, opposite multi-XMAs winner Alex Jones, in the final installment of “Equilibrium,” from Vixen Media Group’s studio imprint Deeper.

SextPanther Launches in EU, UK

SextPanther has expanded its territory to include the U.K. and E.U.

Melissa Stratton Headlines 5th Volume of 'Massage Parlor' From Reality Junkies

Melissa Stratton toplines the fifth volume of "Massage Parlor" from Mile High Media studio imprint Reality Junkies.

Show More