U.S. Judge Dismisses Some of FSC’s 2257 Claims

DENVER — The federal judge hearing the Free Speech Coalition’s case against the U.S. government over 18 U.S.C. §2257 has dismissed some of the adult industry’s claims.

U.S. District Judge Walker D. Miller dismissed all of the FSC’s claims with the exception of 2257’s new rules relative to Internet chat rooms and secondary producers, which include online adult companies that act as affiliates.

Miller also kept alive the FSC’s claim alleging the new rules are beyond the scope of the federal government and that they are retroactive.

Miller held that the government's actions "fairly supported" the regulation and granted a summary judgment motion, rejecting FSC's 1st Amendment challenge.

He also noted that the Adam Walsh Act had amended 2257, and that the 10th Circuit’s Sundance decision had been overruled by Congress.

Miller, however, upheld the domestic identification requirement for domestic production and adopted the government's interpretation regarding offshore production. He also kept intact the government's requirement on keeping copies of URL addresses relative to sexually explicit depictions.

Miller asked the FSC to show cause over the claims left in the suit by April 16.

FSC attorneys have identified and are working on a number of strategies to address Miller’s decision, FSC Board member Reed Lee said.

“While we are disappointed by Judge Miller’s ruling,” Lee said. “This case is far from over. There are a number of constitutional issues, previously appropriately avoided by Judge Miller that must now be addressed.”

The FSC filed suit in 2005 at U.S. District Court seeking to enjoin enforcement of 2257’s new rules.

The new regulations require producers to keep detailed information to verify the identity and age of their performers, including date of birth, legal name and a copy of a photo identification card. They apply to adult material dating to July 3, 1995. Violators face up to five years in prison for a first offense and 10 years for subsequent violations.

Plaintiffs to the suit include the Canoga Park, Calif.-based FSC; the FSC's Littleton, Colo., chapter; adult distributor New Beginnings Ltd. of Sylmar, Calif.; and New Beginnings owner Leonard Friedlander. Another plaintiff is David Connors of San Diego, owner of about 600 adult sites and producer of 41 adult videos under the Dave Cummings Production label.

The suit by attorneys representing three law firms — Denver-based Schwartz & Goldberg; Sirkin, Pinales & Schwartz of Cincinnati, Ohio; and Buffalo, N.Y.-based law firm Lipsitz, Green, Fahringer, Roll, Salisbury & Cambria — argues that the guidelines are an unconstitutional burden and would do little to protect children.

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

Penny Barber: The Fit Mommy Domme Reveals Her Auteur Side

When Penny Barber took home the 2025 XMAs trophy for MILF Performer of the Year, she was 39 — but she’d already been telling people she was a MILF for almost 20 years.

Summer Starz Makes Her WIFEY Debut

Creator Summer Starz has made her debut for Vixen Media Group (VMG) studio imprint WIFEY alongside her husband Dean Darkhole and Sheem.

Jewelz Blu Stars in Latest From Ricky's Room

Jewelz Blu stars with Mazee the Goat and site honcho Ricky Johnson in the latest release from Ricky’s Room, titled “Two Inside Of Jewelz Blu.”

Adult Time Releases New Installment of 'MILF Overload'

Adult Time has released the latest installment of director Jim Powers' series "MILF Overload."

Choice Talent Management Launches Fan Platform 'ChoiceFilmz'

Choice Talent Management CEO Chris Crisco has launched a new fan platform called ChoiceFilmz.

Dredd to Launch Official Site

Dredd has announced his new website OfficialDreddXXX.com, launching April 20.

River Lynn Toplines Pat Myne's 'Phat Ass for Days'

River Lynn headlines director Pat Myne's latest release, "Phat Ass for Days," from Evil Angel.

Kitana Lure, Angelika Grays Star in Latest From MixedX

Kitana Lure and Angelika Grays star in the latest release from MixedX, titled “The Power of Lust.”

Jessie Rogers Fronts Latest From Blacked

Jessie Rogers has made her debut for Vixen Media Group (VMG) studio imprint Blacked, alongside Damion Dayski.

Penny Barber Makes Her Slayed Debut

Reigning XMAs MILF Performer of the Year Penny Barber has made her debut for Vixen Media Group studio imprint Slayed, alongside Phoenix Marie.

Show More