The Free Speech Coalition launched a lawsuit against the federal government challenging the constitutionality of 18 U.S.C. 2257 on Wednesday, October 7th — as a member, you are included under the umbrella of this critical litigation.

Why Now?

On December 18, 2008, the Justice Department published long-awaited “final” regula­tions required by the Adam Walsh Act, which amended 2257 and enacted 2257A, and broadened 2257’s record keeping and labeling requirements. These regulations took effect on January 20, 2009 and contained the finalized regulations implementing both Section 2257 and Section 2257A.

Section 2257’s record keeping and labeling requirements have been dramatically expanded to apply to a vast amount of adult expression and apply to a vast number of persons who produce sexual imagery — both primary and secondary producers — including those who create the original images, those who digitize those images, those who insert such images on a computer or website, or those who publish them or re-publish them in a magazine, catalogue or brochure.

18 U.S.C. 2257 is a criminal statute. Failure to comply with its provisions is punishable by a prison term of up to 5 years, a hefty fine, or both.

Why FSC?

FSC’s mission is to lead, protect and support the growth and well-being of the adult entertainment industry. One component of that mission is to serve as a legal watchdog for the industry. As the adult entertainment industry’s trade association, through our membership, FSC is able to represent all sectors of the industry nationwide.

Through FSC’s filing of an injunction in its first challenge to 2257, the judge essentially struck down the secondary producer provision of the regulations. Congress moved in and changed the law to include secondary producers through the Adam Walsh Act, essentially rendering FSC’s injunction moot. FSC vacated that lawsuit without prejudice in order to challenge both 2257 and 2257A head-on.

As an FSC Member, You are Protected under the New Lawsuit

FSC’s counsel, J. Michael Murray and his firm, Berkman, Gordon, Murray and DeVan filed a constitutional challenge to 18 U.S.C. 2257, 18 U.S.C. 2257A and sought an injunction against those statutes and their implementing regulations. FSC is joined in this lawsuit by an exceptional group of additional plaintiffs. In our previous litigation, the judge gave a two-week window to allow businesses to join FSC in order to be included under the injunction, and it saved those members thousands in the cost of compliance. There is no guarantee that the judge in this case will apply the same window.

If you want to be included in any potential injunctive relief under FSC’s 2257 litigation, make sure your membership is up-to-date.

If you have additional questions about FSC’s 2257 litigation contact FSC Executive Director, Diane Duke at (818) 348-9373 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it .