FSC Files Another Response to DOJ in 2257 Saga

FSC Files Another Response to DOJ in 2257 Saga

PHILADELPHIA, Pa. — Lawyers for the Free Speech Coalition (FSC) and the other plaintiffs in the years-long litigation challenging the constitutionality of 18 U.S.C. § 2257 (known more commonly in the adult industry as “2257”) today filed a response to this month’s brief by the U.S. Department of Justice (DOJ) before the U. S. Court of Appeals for the 3rd Circuit, which had challenged the government’s initial arguments.

The attorneys for the plaintiffs (called in this stage "appellees/cross-appellants"), J. Michael Murray and Lorraine R. Baumgardner, repeated their April assertion that 2257 — described by the FSC as “a federal record-keeping law aimed at preventing the use of minors in adult productions" — does not serve a "compelling governmental interest,” is not “narrowly tailored” to provide such a service and does not provide the “least restrictive” way to reach that outcome.

Murray and Baumgardner also mentioned the recent Supreme Court decision (Brunetti, aka FUCT), striking down a federal law provision banning the registration of "immoral" or "scandalous" trademarks, calling it an infringement of the First Amendment.

Last August, U.S. District Judge Michael Baylson in Philadelphia gave the FSC and co-plaintiffs a partial victory, finding that large parts of 2257 were unconstitutional on First Amendment grounds. The plaintiffs had also obtained an earlier victory on Fourth Amendment grounds from a 3rd U.S. Circuit ruling.

The Justice Department appealed Baylson’s final judgment and decree late last year. The DOJ filed its brief on March 27. On April 26, FSC attorney Murray filed a response alleging that the plaintiffs’ partial August victory was in fact incomplete (Judge Baylson had upheld two provisions), since given that 2257 “failed the narrow tailoring and least restrictive means components of strict scrutiny,” the lower court “erred in not striking down the Statutes in their entirety.”

The Justice Department filed its own reply to the April 26 response earlier this month. Today’s reply by attorneys for the FSC and other appellants is available in full via the PACER website (login necessary).

As the FSC has previously explained, the 2257 requirements (i.e., anyone who films sexual content must  "maintain and keep detailed records and IDs of the persons depicted in the film, cross-referenced in files, with dates of production, nicknames and copies of the movies,” etc.) do not achieve their stated goal.

“This isn’t about keeping minors out of adult film,” the FSC website explains to newer producers. “The industry is already incredibly stringent about age-verification, as the production of child pornography is not only morally and ethically despicable, it also carries a mandatory minimum of fifteen years in prison. A record-keeping requirement means nothing to a child pornographer. But for legitimate producers, the burdensome and byzantine requirements create numerous ways for producers to be prosecuted and harassed by law enforcement, that have nothing to do with the age of performers.”

Oral argument before the Third Circuit is scheduled for September 10.

For more XBIZ coverage of 2257, click here.

Related:  

Copyright © 2024 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

BiPhoria Releases Jim Powers' 'Bi Hitchhikers 2'

Jim Powers directs the second installment of the BiPhoria series “Bi Hitchhikers.”

Ariel Demure Toplines 'TS Cheaters 6' From TransSensual

Ariel Demure headlines the sixth volume of “TS Cheaters,” from Mile High Media studio imprint TransSensual.

Kalani Luana Stars in Latest From Hookup Hotshot

Kalani Luana stars with Nade Nasty in the latest release from Hookup Hotshot (HUHS).

Lilyadick Makes Her TransAngels Debut

Canadian star Lilyadick has made her debut for TransAngels alongside Parker Savage in the video game-themed scene “Playing With The NPC Babe.”

Kazumi Stars in Latest From Tushy

Kazumi stars with Milan Ponjevic, Jax Slayher and Dan Damage in a new airtight scene from Vixen Media Group (VMG) studio imprint Tushy.

Cherry Kiss Toplines Pat Myne's 'Anal Fetish Babes'

Cherry Kiss headlines director Pat Myne’s “Anal Fetish Babes,” from Evil Angel.

Kansas Law Firm Deploys Religion, Bunk Science While Recruiting Plaintiffs Under AV Law

Kansas-based personal injury law firm Mann Wyatt Tanksley is promoting debunked scientific theories and leveraging religious affiliation against the industry while it seeks potential plaintiffs for lawsuits against adult companies under the state’s age verification law.

UK Tech Secretary Lists Age Verification Among OSA Priorities

Peter Kyle, the U.K.’s Secretary of State for Science, Innovation and Technology, on Wednesday made public a draft version of his priorities for implementing the Online Safety Act (OSA), including age verification.

Nicole Aria Stars in Latest From Jules Jordan

Nicole Aria stars with John Strong and Zac Wild in the latest release from Jules Jordan.

Ellie Nova Is Hustler's 'Cover Honey' for December

Ellie Nova is the Cover Honey for the December issue of Hustler Magazine, appearing in a 14-page centerfold spread shot by ThisYearsModel.com.

Show More