U.S. Asks Judge to Dismiss FSC’s Challenge to 2257

WASHINGTON — The U.S. Attorney General’s office on Monday asked a federal judge to dismiss the Free Speech Coalition’s lawsuit challenging revised record-keeping rules.

The FSC and 14 other plaintiffs claim in the suit filed against the government in October that the revised 18 U.S.C. § § 2257 and 2257A regulations are unconstitutional, as well as an unfair burden placed to producers to comply with the regulations.

It has asked a judge at U.S. District Court in Philadelphia for a preliminary injunction over rules that require age verification for the adult entertainment industry.

But regulators in their response Monday contend that despite recent statutory amendments and the promulgation of new regulations, the FSC’s challenge presents very little that has not been addressed and rejected previously by other courts.

“As these courts have recognized, Congress’ compelling goal of preventing the sexual exploitation of children would be undermined if the record-keeping requirements allowed for exceptions on a subjective basis, such as where a producer believes that a performer is an adult, or where a producer believes that a depiction has artistic or social value,” the motion said.

“Congress’ adoption of an objective, universal requirement prevents circumvention of the rules through such subjective assessments.”

The government also said in its motion that while FSC’s 4th Amendment challenge relative to unreasonable searches is new, it fails to state a legal claim that could entitle plaintiffs to relief.

“For one thing, no search or seizure has as yet occurred, and courts generally refrain from addressing 4th Amendment issues in the abstract,” the motion said. “In addition, the inspections at issue are limited to the very records that producers must create and maintain to comply with §§ 2257 and 2257A.

“Moreover, producers need not keep these records at their own place of business, but may use a third-party custodian, in accord with the new regulations,” the motion said. “Given the fact that producers’ premises need never be entered if a third-party custodian is used, and that producers have no reasonable expectation of privacy in the records themselves, the inspection provisions on their face clearly comply with the 4th Amendment, and it is unclear whether an as-applied challenge would ever arise.”

Diane Duke, the FSC’s executive director, told XBIZ that the organization is continuing to move forward with the case and that the government’s motion was predictable.

“It is very typical in a case like this and it is what we expected,” she said.

The 14 plaintiffs also attached to the suit include the American Society of Media Photographers, which represents 7,000 members; Barbara Nitke, a teacher at the School of Visual Arts in New York and a commercial photographer; David Steinberg, a photographer and writer of sexual issues; Nina Hartley, a performer and website owner; Michael Barone, a photographer; Dave Cummings, an adult industry performer who owns numerous websites; Tom Hymes, an adult industry journalist who runs a website; Sinclair Institute, which operates sexual health clinics; Channel 1 Releasing, which operates a gay porn studio; Barbara Alper, a photographer; Carol Queen, a sexologist and feminist sex educator; Dave Levingston, a photographer; and Betty Dodson and Carlin Ross, who co-host a website.

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

'Neon Nightswim' Party Returns to XBIZ Miami

XBIZ is pleased to announce that the annual Neon Nightswim Pool Party will once again illuminate XBIZ Miami on Tuesday, May 20.

Sabien DeMonia Fronts Gangbang in Latest Directorial for Evil Angel

Director Sabien DeMonia has dropped her latest directorial effort for Evil Angel, performing in a gangbang scene titled “Metal Ass Fuck 8 on 1 Gangbang.”

Hailey Rose Fronts Latest From New Sensations

Reigning XMAs Fan Favorite Female Performer Hailey Rose stars with Dorian Del Isla in the latest release from New Sensations, titled "I Like to Watch."

FSC Addresses UK Age Verification Guidelines

The Free Speech Coalition (FSC) has published an article offering guidance on the U.K.'s Online Safety Act and the various guidelines put forward by the country's telecommunications regulator Ofcom.The article follows:

Aubrey Kate Returns to TransAngels

Aubrey Kate stars with Austin Rex in the latest release from TransAngels, titled “A Cab Named Desire.”

European Commission Posts AV Guidelines, Seeks Feedback

The European Commission has made public its draft guidelines on protecting minors online under the Digital Services Act, including age verification requirements covering adult sites and platforms.

'White-Hot' Party Set to Kick Off XBIZ Miami

XBIZ is pleased to announce that the annual White-Hot Party, the official opening bash of XBIZ Miami, is set for Monday, May 19, at Mynt Lounge in South Beach.

AORTA Films Adds New Team Members

AORTA Films has added three industry veterans to its team.

Sabien DeMonia Stars in New Brazzers Interactive Release

Sabien DeMonia stars in a new interactive POV scene for Brazzers, titled “Dancing My Clothes Off.”

AEBN Publishes Popular Searches for March, April

AEBN has announced the top search terms for March and April from its straight and gay theaters in all 50 states and the District of Columbia.

Show More