 Kennedy also argued that the absence of a prior application of the statute to private couples who create and keep sexually explicit material should not doom the facial-overbreadth challenge.The 2003 amendment to Section 2257 allows the government to use the records that must be maintained as evidence to other violations than only Section 2257.The three individual plaintiffs challenged the validity of the statute under the Fifth Amendment's Self-Incrimination Clause, as these records could implicate them in crimes.