FSC Victorious in Legal Battle Over 2257 Records Inspections

The Free Speech Coalition (FSC) has won its decades-long legal battle with the US federal government over warrantless 2257 records inspections. While the 2257 record-keeping act was not struck down in its entirety, the US Third Circuit Court of Appeals ruled that the FBI can no longer demand access to your records without a valid warrant issued by a court with probable cause. Additionally, the court ruled that the provisions in 2257 and 2257A (collectively referred to as “2257”) were unconstitutional for the majority of the plaintiffs in the original suit. The original suit began in 2009, when the FSC filed against the federal government following FBI raids on over 30 adult businesses. The raids were warrantless, as was allowed under the 2257 legislation, and were in search of minor records-keeping violations, which are felonies under 2257. The FSC’s victory in this suit means that adult businesses are now far less likely to be charged with a crime under 2257, and are even less likely to be successfully prosecuted. The only people specifically exempted from 2257 record-keeping are the specific plaintiffs in this case, however, and all adult producers should continue to maintain the appropriate records. Click here to read the full FSC statement.

“This has been a long but critical battle in the rights of adult producers. Had we not pursued this case, the government would have a dangerous tool for harassing and prosecuting adult producers and platforms. We are deeply grateful for the outstanding work by our lawyers, J. Michael Murray and Lorraine Baumgardner of Berkman, Gordon, Murray and Devan of Cleveland, Ohio.” – Jeffrey Douglas, FSC Board Chair