3rd Circuit Requests Supplemental Briefs Prior to 2257 Oral Arguments

3rd Circuit Requests Supplemental Briefs Prior to 2257 Oral Arguments

PHILADELPHIA — The 3rd U.S. Circuit Court of Appeals has alerted counsel for Free Speech Coalition and the Justice Department that it is seeking “supplemental briefing” addressing the applicability of City of Renton v. Playtime Theatres Inc. to the appellate case over the legality of 18 U.S.C. §§ 2257-2257A, the recordkeeping statutes for adult producers.

Oral arguments in the appellate review of Section 2257 are slated for Dec. 9 in Philadelphia, and the 3rd Circuit has set a Nov. 13 deadline for the supplemental briefs no longer than 15 pages from each side.

In 1986, the U.S. Supreme Court held in Renton that cities may impose regulations prohibiting adult theaters from operating within certain areas, finding that the regulation in question was a content-neutral time, place and manner restriction.

FSC attorneys contend that under a case decided at the U.S. Supreme Court earlier this year, Reed v. Town of Gilbert, the challenged statutes are content-based regulations of speech subject to review under strict scrutiny and that the once-guiding case, Renton, does not survive Reed.

Strict scrutiny presumes a law to be invalid unless the government can prove the law's constitutionality and demonstrate a compelling governmental interest in keeping it.

The government argued in its opposition that the recent decision in Reed does not affect the continued authority of a secondary-effects doctrine under Renton, which makes operators subject to intermediate scrutiny — or regulation that does not directly target speech but has a substantial impact on a particular message.

Renton aimed at the adverse secondary effects of crime and blight said to be caused by the constitutionally protected speech offered by adult bookstores and theaters, which were then reviewed under intermediate scrutiny, rather than strict scrutiny.

Industry attorney J.D. Obenberger writes in November’s XBIZ World, available here, that a great deal more than Section 2257 potentially rides on its eventual decision and possible Supreme Court review.

“[A]ll of the legal principles that are commonly used to zone adult brick-and-mortar businesses into often remote, industrial areas, to limit their hours of operation, and to regulate how they do business differently from the ways in which non-adult businesses are regulated have been placed on the table by the Department of Justice,” he wrote. “An entire structure of adult regulation during the past 50 years now stands in the balance.”

View the 3rd Circuit's request

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

Haley Spades Stars in Latest From Immoral

Haley Spades stars with Charlie Dean, Matt Bird, and Dean Van Damme in a new three-part release from Immoral Productions, directed by "Porno Dan" Leal.

Octavia Red Makes Her Vampired Debut

Octavia Red has made her Vampired debut alongside Talia Mint and 2023 XMA Europas Female Performer of the Year Tiffany Tatum in the new feature “Hunters.”

Lily Starfire Fronts Latest From Brazzers

Lily Starfire stars with Kyle Mason in the latest release from Brazzers, titled "Eating Ass Is the Game."

Country Hotwife Makes Her WIFEY Debut

Content creator Country Hotwife has made her debut for Vixen Media Group (VMG) studio imprint WIFEY, alongside her husband StagHubby and former XMAs Male Performer of the Year Isiah Maxwell.

Vixen Media Group Celebrates 10 Years of 'Tushy'

Vixen Media Group (VMG) is celebrating the 10-year anniversary of studio imprint Tushy.

Cherry Kiss Stars in Latest 'Blind Dates' From Bellesa

Cherry Kiss headlines the 16th volume of "Blind Dates," from Bellesa.

Emma Rosie Toplines Pat Myne's 'Gape For Days 5'

Emma Rosie headlines director Pat Myne's "Gape For Days 5," from Evil Angel.

Adult Time Drops 2nd Installment of Bree Mills Thriller 'Escape From Camp Conversion'

Adult Time has debuted the second episode of the Bree Mills-helmed thriller "Escape From Camp Conversion," from studio brand Girlcore.

UPDATED: Supreme Court Rules Against Adult Industry in Pivotal Texas AV Case

The U.S. Supreme Court on Friday issued its decision in Free Speech Coalition v. Paxton, striking a blow against the online adult industry by ruling in support of Texas’ controversial age verification law, HB 1181.

Eris Jolie Makes Her TransAngels Debut

Eris Jolie has made her TransAngels debut alongside Bree Brooks in "A Very Filthy Cookout."

Show More