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 © 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

Eve Sweet Stars in Latest From Blacked Raw

Vixen Angel Eve Sweet stars with Vixen Media Group (VMG) exclusive Jason Luv in the latest release from studio imprint Blacked Raw.

Brazzers Drops Season Finale of 'MILF Quest'

Brazzers has released the final episode of the first season of "MILF Quest," hosted by Cherie DeVille.

Beca Barbie Makes Her Hookup Hotshot Debut

Beca Barbie has made her debut for Hookup Hotshot alongside Nade Nasty.

2025 XBIZ Amsterdam Website Launches With Call for Speakers

XBIZ is pleased to announce that the website for its annual European conference, XBIZ Amsterdam, is now live.

NC Governor Vetoes Bill Targeting Adult, Could Face Override

North Carolina Governor Josh Stein today vetoed a bill imposing new regulations that adult industry observers have warned could push adult websites and platforms to ban most adult creators and content.

Valerica Steele Headlines Jonni Darkko's 'DVP Sluts'

Valerica Steele toplines director Jonni Darkko’s “DVP Sluts,” from Evil Angel.

Michael Ninn Returns With 'Catherine' Sequel Made Entirely by AI

Veteran filmmaker Michael Ninn, though retired from the adult business for the past 10 years, recently unveiled a new episodic project titled "Catherine II: The Series," which serves as a sequel to his 2005 adult film "Catherine."

25,000 Sign Petition to Legalize Pornography in Ukraine

An OnlyFans model’s petition to decriminalize pornography in Ukraine has amassed the 25,000 signatures required for official consideration by President Volodymyr Zelensky.

WannaCollab Joins Pineapple Support as Supporter-Level Sponsor

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

Alison Rey Stars in Latest From New Sensations

Alison Rey stars with Isiah Maxwell in the latest release from New Sensations.

Show More