FSC Files Appeals Brief in 2257 Case

PHILADELPHIA — Attorneys for the Free Speech Coalition and 15 co-plaintiffs delivered a brief to the 3rd U.S. Circuit Court of Appeals today challenging the constitutionality of 18 U.S.C. §2257 and 2257A, the federal record-keeping statutes for adult producers.

The adult entertainment trade group is appealing U.S. District Judge Michael Baylson's decision last summer finding the 2257 statutes constitutional under the First Amendment. The ruling in July came after an eight-day bench trial where 21 witnesses presented testimony and over 300 exhibits were entered into evidence.

At trial, Baylson ruled that the statutes are constitutional under the Fourth Amendment, except for in one regard — "the allowance of inspections at the residences of producers, without prior notice, cannot be justified on this record."

Today's appeals brief looks at three points for the court to review:

  • Whether 18 U.S.C. §§ 2257, 2257A and their implementing regulations are unconstitutional under the First Amendment because they are not narrowly tailored to advance the government’s interest in protecting children from sexual exploitation, as intermediate scrutiny requires, and consequently burden substantially more of plaintiffs’ constitutionally protected speech than necessary";
  • Whether 18 U.S.C. §§ 2257, 2257A and their implementing regulations are facially unconstitutional under the First Amendment because they are overbroad; and,
  • Whether 18 U.S.C. §§ 2257, 2257A and their implementing regulations are unconstitutional under the Fourth Amendment because they authorize warrantless searches without probable cause and do not satisfy the requirements of the administrative search exception.

The appeals brief, filed by attorneys J. Michael Murray and Lorraine Baumgardner representing the FSC, asks a 3rd Circuit panel to reverse Baylson's ruling and remand with instructions to enter a judgment declaring 18 U.S.C. §§ 2257, 2257A and their implementing regulations unconstitutional under the First and Fourth Amendments and permanently enjoining their enforcement.

View appellant's brief filed today

Related:  

Copyright © 2024 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

Florida AG Asks for Halt of AV Lawsuit Pending SCOTUS Decision

Florida Attorney General Ashley Moody has filed a motion asking a federal court to halt the Free Speech Coalition (FSC) lawsuit challenging HB 3, the state's age verification law, pending the Supreme Court's ruling in the Free Speech Coalition-led challenge to Texas’ age verification law, HB 1181.

Anna Claire Clouds Stars in Latest From New Sensations

Anna Claire Clouds stars with GI Joey in the latest release from New Sensations.

Bree Mills Makes Her Wicked Directorial Debut

Gamma Film Group/Adult Time CCO Bree Mills has made her Wicked Pictures directorial debut with the studio's latest feature, titled "Breadcrumbs."

VRPorn.com Launches 'Virtual Reality Porn' Meme Coin

VRPorn.com has launched a new cryptocurrency meme coin on its platform.

Girlsway Premieres Kimmy Kimm Orgy Featurette 'Finally'

Girlsway has debuted its latest release, "Finally! ... An All-Girl Asian Orgy Extravaganza," written and directed by Kimmy Kimm.

Angie Rowntree's Sssh.com Celebrates 25 Years of Pioneering Erotica

Over 25 years ago at an adult internet trade show called IA2000, a producer warned filmmaker Angie Rowntree that there was no market for “porn for women.”

Eva Generosi Stars in New Release From Private

Eva Generosi stars with Angie Lynx and Leo Santos in the latest threesome from Private, directed by Xavi Rocka.

Ricky's Room Drops Christmas Orgy

Ricky’s Room has dropped “An Unwrapped Holiday Orgy” parts one and two.

Bree Brooks Stars in Holiday-Themed Release From New Sensations

Bree Brooks stars with Ricky Spanish in the new holiday-themed release from New Sensations.

Iris Kiss, Astrid Soleil Star in Latest From TGirls.Porn

Iris Kiss and Astrid Soleil star in the latest release from Grooby paysite TGirls.Porn, titled “The Next Generation” and directed by Omar Wax.

Show More