U.S. Asks Judge to Dismiss FSC’s Challenge to 2257

WASHINGTON — The U.S. Attorney General’s office on Monday asked a federal judge to dismiss the Free Speech Coalition’s lawsuit challenging revised record-keeping rules.

The FSC and 14 other plaintiffs claim in the suit filed against the government in October that the revised 18 U.S.C. § § 2257 and 2257A regulations are unconstitutional, as well as an unfair burden placed to producers to comply with the regulations.

It has asked a judge at U.S. District Court in Philadelphia for a preliminary injunction over rules that require age verification for the adult entertainment industry.

But regulators in their response Monday contend that despite recent statutory amendments and the promulgation of new regulations, the FSC’s challenge presents very little that has not been addressed and rejected previously by other courts.

“As these courts have recognized, Congress’ compelling goal of preventing the sexual exploitation of children would be undermined if the record-keeping requirements allowed for exceptions on a subjective basis, such as where a producer believes that a performer is an adult, or where a producer believes that a depiction has artistic or social value,” the motion said.

“Congress’ adoption of an objective, universal requirement prevents circumvention of the rules through such subjective assessments.”

The government also said in its motion that while FSC’s 4th Amendment challenge relative to unreasonable searches is new, it fails to state a legal claim that could entitle plaintiffs to relief.

“For one thing, no search or seizure has as yet occurred, and courts generally refrain from addressing 4th Amendment issues in the abstract,” the motion said. “In addition, the inspections at issue are limited to the very records that producers must create and maintain to comply with §§ 2257 and 2257A.

“Moreover, producers need not keep these records at their own place of business, but may use a third-party custodian, in accord with the new regulations,” the motion said. “Given the fact that producers’ premises need never be entered if a third-party custodian is used, and that producers have no reasonable expectation of privacy in the records themselves, the inspection provisions on their face clearly comply with the 4th Amendment, and it is unclear whether an as-applied challenge would ever arise.”

Diane Duke, the FSC’s executive director, told XBIZ that the organization is continuing to move forward with the case and that the government’s motion was predictable.

“It is very typical in a case like this and it is what we expected,” she said.

The 14 plaintiffs also attached to the suit include the American Society of Media Photographers, which represents 7,000 members; Barbara Nitke, a teacher at the School of Visual Arts in New York and a commercial photographer; David Steinberg, a photographer and writer of sexual issues; Nina Hartley, a performer and website owner; Michael Barone, a photographer; Dave Cummings, an adult industry performer who owns numerous websites; Tom Hymes, an adult industry journalist who runs a website; Sinclair Institute, which operates sexual health clinics; Channel 1 Releasing, which operates a gay porn studio; Barbara Alper, a photographer; Carol Queen, a sexologist and feminist sex educator; Dave Levingston, a photographer; and Betty Dodson and Carlin Ross, who co-host a website.

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

Alexis Fawx Fronts Latest From Bellesa Plus

Multi-XMAs winner Alexis Fawx stars with Josh Rivers in the latest release from Bellesa Plus, titled "Show Me Yours, I’ll Show You Mine."

Amirah Adara Talks Roots, Ambition and the American Dream

Amirah Adara may be new to college football, but she's no stranger to scoring big. Fresh from attending her first Trojans game, the Budapest native shows off her newfound team spirit in a black USC tank top as she settles in at Sana’a Cafe in Los Angeles. It’s a taste of American life she’ll have more opportunities to enjoy with her work visa secured and a bevy of stateside projects ahead.

Vixen Media Group Extends Exclusive Contract, Brand Ambassadorship With Serenity Cox

Vixen Media Group (VMG) has renewed its exclusive contract with Serenity Cox and inked an extension of her brand ambassadorship of studio imprint WIFEY.

Hazel Heart Stars in Latest From Deeper

Hazel Heart stars with Dan Damage in the latest release from Vixen Media Group studio imprint Deeper, titled "Midterm."

Pre-Nominations Now Open for 2027 TEAs

The pre-nomination period for the 2027 Trans Erotica Awards (TEAs) is now open.

Digital Playground Premieres Ricky Greenwood's Action Feature 'Crash and Burn'

Digital Playground has dropped the first installment of "Crash and Burn," an action crime feature from multi-XMAs winner Ricky Greenwood.

Valentina Nappi Featured in Season 2 Cast of 'The Traitors: Italy'

Multi-XMAs winner Valentina Nappi will be among the Faithful, as the veteran adult performer is part of the second season cast of "The Traitors: Italy" on Prime Video.

Dragon Fruit, Lexi Star Headline Latest Volume of Angelo Godshack's 'Hardcore Gangbangs'

Dragon Fruit and Lexi Star topline the ninth volume of director Angelo Godshack's "Hardcore Gangbangs," from Evil Angel.

Roald Riepen Steps Down as CEO of IMC

Roald Riepen, CEO of International Media Company (IMC), is stepping down.

Chloe Amour Stars in Latest From Blacked Raw

Chloe Amour stars with Chocolate Rod and Goldey in the latest release from Vixen Media Group studio imprint Blacked Raw.

Show More