FSC, Justice Department Can't Agree About Proposed 2257 Judgment

FSC, Justice Department Can't Agree About Proposed 2257 Judgment

PHILADELPHIA — The Free Speech Coalition and the Justice Department cannot come to terms for a joint proposed final judgment over First Amendment issues in the legal battle involving federal recordkeeping laws 18 U.S.C. §§ 2257 and 2257A.

Instead, each party offered their own proposed final judgment entry to U.S. District Judge Michael Baylson, who has been hearing the long-running case.

Baylson last month had ordered both sides to formulate a judgment that conformed to decisions the court has already made. Today was the deadline for each to file.

FSC attorneys J. Michael Murray and Lorraine Baumgarder noted in the entertainment trade group’s brief that the U.S. Supreme Court’s recent decision, National Institute of Family and Life Advocates v. Beceria, provides further support for its argument that the labeling requirements are unconstitutional under the First Amendment.

In that case, decided on June 26, the high court held that notices required by California’s FACT Act, which mandated that crisis pregnancy centers provide certain disclosures about state services, violate the First Amendment by targeting speakers rather than speech.

Justice Department attorneys in their brief maintained the agency’s stance and asked the court to reject the FSC’s own proposed judgment.

The FSC and other plaintiffs sued the Justice Department over the label requirements in 2009, offering up First and Fourth Amendment challenges to the laws that have been described by the industry as burdensome.

Last year the FSC won its Fourth Amendment challenge over unreasonable searches and seizures at producers’ businesses at the 3rd U.S. Circuit Court of Appeals. The court invalidated a portion of § 2257.

The FSC later focused on a bid for permanent injunction enjoining the statutes’ enforcement because it is viewed by the trade group as overly broad and unconstitutional relative to the First Amendment.

Baylson said in May that if the parties could not agree on a proposed final decree, the court will make a final decision for them.

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

Sedona Reign Stars in Latest From New Sensations

Sedona Reign stars with Jay Romero in the latest installment of New Sensations series "He's in Charge."

Violet Voss, Aria Banks Topline 'Dad's Lesbian Lover 2'

Violet Voss and Aria Banks headline the latest release from Girlfriends Films, titled “Dad’s Lesbian Lover 2.”

Grooby Names Avery Lust Brand Ambassador

Grooby has named Avery Lust as its 2025 brand ambassador.

Rana Katana Stars in Latest From TransAngels

Rana Katana stars with William Seed in the latest release from TransAngels, titled “Valentine Vixen.”

'Adult Time Podcast' Debuts 'After Sex' Special

The “Adult Time Podcast” has launched its “After Sex Special” series, hosted by studio CCO Bree Mills.

New Mexico State Rep Gets Pushback on Copycat AV Bill

A New Mexico state legislative committee on Friday sent the conservative Republican sponsor of new age verification legislation back to the drawing board, citing concerns about the proposed bill’s effectiveness and practicality.

Connie Perignon Makes Her Elegant Angel Debut

Connie Perignon has made her debut for Elegant Angel alongside Charles Dera in "Cover Me."

VRPorn.com Releases 2024 'Annual Report'

VRPorn.com has released its Annual Report, highlighting the studio's audience favorites from throughout 2024.

Alison Rey Stars in Latest Installment of 'Mommy's Girl'

Alison Rey stars with Casey Calvert and Sophia Locke in the latest installment of the Girlsway series “Mommy’s Girl,” titled “Step-By-Step Exam.”

Haley Spades Headlines Elegant Angel's 'Amour'

Haley Spades stars with Isiah Maxwell in the latest release from Elegant Angel, titled “Amour.”

Show More