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

Kylie LeBeau Stars in Latest From Hookup Hotshot

Kylie LeBeau stars with Bryan Gozzling in the latest release from Hookup Hotshot.

Avery Lust, Nina White Star in Latest From GenderX

Avery Lust and Nina White star with Sage Roux in the latest release from GenderX, titled "E-Games."

FSC Announces Support for North Dakota Age Verification Bill

The Free Speech Coalition (FSC) has announced its support for SB 2380, North Dakota's new age verification bill.

Blake Blossom Toplines 'Instant Chemistry' From Sex on Sight

Blake Blossom headlines “Instant Chemistry,” the latest release from Mile High Media studio imprint Sex on Sight.

Oklahoma State Senator Introduces Bill to Criminalize All Porn, Jail Creators

Oklahoma Senator Dusty Deevers has introduced a bill that would criminalize all adult content and authorize the state to imprison those who create or view it.

Kendra Sunderland Makes Her Anal Debut for Tushy

Kendra Sunderland has performed her first anal scene alongside Hollywood Cash for Vixen Media Group (VMG) studio imprint TUSHY, in a scene directed by Derek Dozer.

Polly Yangs Stars in Latest From Immoral Productions

Polly Yangs performs her first B/B/B/G in a new trilogy alongside Matt Bird, Dean Van Damme, and studio honcho “Porno Dan” Leal.

Hailey Rose Stars in Latest From New Sensations

Hailey Rose stars with Max Fills in the latest release from New Sensations.

2025 TEAs Nominees Announced

Nominees for the 2025 Trans Erotica Awards (TEAs), presented by Pornhub, have been announced. The ceremony will take place at the Avalon in Hollywood on Sunday, March 9.

Anna Claire Clouds Stars in Latest From Erotica X

Newly crowned XMAs Female Performer of the Year Anna Claire Clouds stars with Vince Karter in the latest release from XEmpire studio brand Erotica X, titled “Made For Each Other.”

Show More