FSC Responds to Today's 3rd Circuit Ruling Over 2257 Regs

CANOGA PARK, Calif. — While the 3rd U.S. Circuit Court of Appeals’ ruling today left intact most of 18 U.S.C. § 2257, the recordkeeping regulation for producers of sexually explicit content, the decision is a victory in many respects for filmmakers.

Diane Duke, the CEO of trade industry group Free Speech Coalition, remarked that today’s decision prohibits “the routine, warrantless inspections, which were the hallmark of the original regulation.”

"This decision was a hard-fought victory for adult industry,” Duke told XBIZ. “The 3rd Circuit’s decision struck down the recordkeeping inspection as unconstitutional under the Fourth Amendment, dealing a substantial blow to enforcement of the 2257 regulations.

“Under today’s ruling, the government can no longer appear at the doors of Free Speech Coalition’s members without a search warrant, and demand entry to inspect their 2257 records without cause.

“It is important to note that this decision only protects members of the Free Speech Coalition, the plaintiff in the case. We suggest that all adult producers make sure their membership is in good standing, and if not, to join in order to take advantage of the protections.

"Of course, we entirely disagree with the court's holding that the regulations themselves are not prohibitively burdensome to producers under the First Amendment.

“However, the court remanded some of the restrictions back to a lower court — including those that require business owners keep certain hours to make records available for inspection — and we're hopeful they will be overturned. Over the next few weeks, we will be examining the decision in more detail to determine if we should appeal it en banc."

Tim Valenti, NakedSword founder and FSC's chairman, said: "These battles don't come without a fight, and they don't come for free."

"Anyone who produces adult content, whether they a large studio or a performer doing content trades, needs to support the work the Free Speech Coalition does by becoming a member," he told XBIZ. "Not only does it help us fight for our rights, membership also grants you protections — in this case, from warrantless government inspection — not available to nonmembers." 

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

Tiffani Time Makes Her WIFEY Debut

Newly crowned XMA Creator Awards Rising Clip Creator Tiffani Time stars with her husband Benfit and Jax Slayher in the latest release from Vixen Media Group studio imprint WIFEY.

Karmen Karma Stars in Latest From Ricky's Room

Karmen Karma stars in the latest release from Ricky's Room, titled "A Long Time Cumming."

FSC Publishes Analysis of Federal Trade Commission Event Promoting AV

Free Speech Coalition (FSC) has published an analysis of a Federal Trade Commission (FTC) event held this week that promoted age verification among other forms of speech regulation.

Cubbi Thompson Makes Her Jules Jordan Debut

Cubbi Thompson has made her Jules Jordan debut alongside Lexington Steele in the studio's latest release.

Seth Gamble Drops Trailer for Upcoming Feature 'Once Upon a Time in the Valley'

Multi-XMAs winner Seth Gamble has released the trailer for his upcoming Wicked Pictures feature, "Once Upon a Time in the Valley."

Ryan Reid Stars in Latest From Brazzers

Ryan Reid stars with Damon Dice in “A Day in the Life,” from Brazzers.

Andylynn Payne Toplines Joey Silvera's 'Trans-Active 30'

Andylynn Payne headlines director Joey Silvera’s “Trans-Active 30” from Evil Angel.

Violet Myers, Megan Faith Star in Latest From Slayed

Reigning XMAs Premium Social Creator of the Year Violet Myers stars with Megan Faith in the latest release from Vixen Media Group studio imprint Slayed.

Coco Bae Returns to Brazzers

Coco Bae stars with Danny D. in the latest release from Brazzers, titled “The Cock Collector.”

GirlsDoPorn Owner Michael Pratt Pleads Guilty to Sex Trafficking

Michael Pratt, former owner of the rogue website GirlsDoPorn, pleaded guilty in the U.S. District Court for the Southern District of California on Thursday to sex trafficking and conspiracy to commit sex trafficking charges, according to a report by City News Service.

Show More