FSC 2257 Appeal to Be Heard By 10th Circuit

DENVER – The 10th U.S. Circuit Court of Appeals agreed today to hear the Free Speech Coalition’s appeal on several issues relating to last month’s preliminary injunction in the case FSC vs. Gonzales, a lawsuit seeking to halt new federal labeling and record-keeping regulations targeting the adult industry, in particular, FSC members.

FSC attorney Michael Gross, of Schwartz & Goldberg, told XBiz the appeal is just one of many stages in what could be a very lengthy lawsuit involving the technicalities of the Internet combined with the overly burdensome aspects many website operators face in complying U.S.C. 18 § 2257 record-keeping laws.

“One component of the challenge [in FSC vs. Gonzales] is that generally all speech is protected by the constitution, and what 2257 does is it turns that presumption upside down, and you have to go out and prove you have a record that it [the content] isn’t child pornography and that you’re not a criminal,” Gross said.

The appeal was docketed today on the heels of a Jan. 27 filing that addressed whether the strict scrutiny law or the intermediate scrutiny test is applicable to 2257 in regards to secondary producers.

The FSC and its attorneys have taken the firm position that this is content-based law and are eager to argue this point, which Gross said has never before been brought before the 10th Circuit.

At this stage in the case, the FSC defense team will file a docketing statement, which spells out for the court what the case is about. Then the district court puts the record together for the appellate court to review, which Gross said could take between 30-90 days. After a few more steps in the process, the government is given a chance to respond, and it could be up to six months before anything comes of the FSC’s appeal.

“We now are putting 1st Amendment issues squarely before the court,” Gross said.

The FSC first filed suit against the Justice Department in June, seeking to enjoin enforcement of 2257’s new rules that require producers to keep detailed information verifying the identity and age of their performers, including date of birth, legal name and a copy of a photo identification card. The amended law applies 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 in 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.

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

North Carolina Passes Extreme Bill Targeting Adult Sites

The North Carolina state legislature this week ratified a bill that would impose new regulations that industry observers have warned could push adult websites and platforms to ban most adult creators and content.

Supreme Court Ruling Due Friday in FSC v. Paxton AV Case

The U.S. Supreme Court will rule on Friday in Free Speech Coalition v. Paxton, the adult industry trade association's challenge to Texas’ controversial age verification law, HB 1181.

Ofcom: More Porn Providers Commit to Age Assurance Measures

A number of adult content providers operating in the U.K. have confirmed that they plan to introduce age checks in compliance with the Online Safety Act by the July 25 deadline, according to U.K. media regulator Ofcom.

Aylo Says It Will Comply With UK Age Assurance Requirements

Tech and media company Aylo, which owns various adult properties including Pornhub, YouPorn and Redtube, plans to introduce age assurance methods in the United Kingdom that satisfy government rules under the Online Safety Act, the company has announced.

Kyrgyzstan Parliament Approves Measure Outlawing Internet Porn

The Supreme Council of Kyrgyzstan on Wednesday passed legislation outlawing online adult content in the country.

Trial Set for Lawsuit by U Wisconsin Professor Fired Over Adult Content

A trial date of June 22, 2026, has been set for the civil lawsuit filed by veteran communications professor Joe Gow against the University of Wisconsin board of regents, which fired him for creating and appearing in adult content.

New UK Task Force Meets to Target Adult Content

The architect of an influential report that recommended banning adult content deemed “degrading, violent and misogynistic” has convened an “Independent Pornography Review task force” aimed at translating that report’s findings into action in the U.K.

11:11 Creations Launches Affiliate Program

11:11 Creations principal Alicia Silver has launched 11:11 Cash for creators and affiliates.

Pineapple Support, Pornhub to Host 'Self Love' Support Group

Pineapple Support and Pornhub are hosting a free online support group for performers to develop self-love.

Paysite 'RealGirlsFuck' Relaunches as 'Taboolu.com'

Producer/performer Josh Lewis has relaunched his paysite, RealGirlsFuck, as Taboolu.com.

Show More