Home > News > Supreme Court Says Adult Film Cop Firing Constitutional • Bookmark   • Newsletters   • Register Search Options

NEWS STORY

Supreme Court Says Adult Film Cop Firing Constitutional

Supreme Court Says Adult Film Cop Firing Constitutional
Get XBIZ News
XBIZ Research
Will virtual reality boost the paysite market?
Yes, it will soon
  39.66%
Yes, but in a few years
  36.87%
No
  23.46%
Out of 179 votes. Results based on votes submitted by members of XBIZ.net social network.
Dec 7, 2004 11:45 AM PST    Text size: 
WASHINGTON — The U.S. Supreme Court ruled yesterday that a San Diego police officer who was fired after he produced and sold videos of himself stripping off a uniform and issuing citations should not receive First Amendment protections.

“The speech in question was detrimental to the mission and functions of the employer,” the Court wrote in its unanimous opinion. “The use of the uniform, the law enforcement reference in the website, the listing of the speaker as ‘in the field of law enforcement,’ and the debased parody of an officer performing indecent acts while in the course of official duties brought the mission of the employer and the professionalism of its officers into serious disrepute.”

Identified in court papers as “John Roe,” the officer was fired in June 2001, after superiors discovered an older version of a San Diego police uniform for sale on eBay by a user named "Code3stud@aol.com", and traced the name to auctions of videos that featured a man stripping out of a non-descript officer’s uniform and masturbating.

One of the superiors recognized Roe and the department began conducting an undercover investigation during which police officers purchased a pair of used men’s briefs and requested Roe make a video showing him issuing a citation and masturbating.

The department said he was fired for conduct unbecoming of an officer, outside employment, immoral conduct and disobeying lawful orders.

Roe contended that he never identified himself as a member of the San Diego police force in any of the videos and alleged that he was terminated solely for their content.

Initially brought in U.S. District Court, summary judgment was granted to the city after the judge decided that selling sexually explicit videos did not qualify as a matter of public concern. The Ninth Circuit Court of Appeals reversed the lower court’s opinion.

The Supreme Court reversed the judgment of the Court of Appeals without even hearing oral arguments in the case.

“There is no difficulty in concluding that Roe’s expression does not qualify as a matter of public concern under any view of the public concern test,” ruled the court.

Weighing Roe’s situation against Connick vs. Myers, a 1983 Supreme Court case in which an assistant district attorney had circulated an intraoffice questionnaire on office policy, the court decided that Roe’s films came up wanting.

“No similar purpose could be attributed to the employee’s speech in the present case,” ruled the court. “Roe’s activities did nothing to inform the public about any aspect of the SDPD’s functioning or operation. Nor were Roe’s activities anything like the private remarks at issue in Rankin, where one coworker commented to another coworker on an item of political news. Roe’s expression was widely broadcast, linked to his official status as a police officer, and designed to exploit his employer’s image.”

More ways to get XBIZ News:  RSS Feeds  |  E-Newsletters  |  Desktop Widget  |  Mobile
Looking for porn star news and behind-the-scene videos? Check out XFANZ.com !

BUSINESS ANALYSIS

Lubes, Lotions and Potions: Manufacturers Talk Gateway Products

Sensual body care products have strong consumer interest and plenty of appeal for customers of all types. With lubes, massage oils, creams, lotions, and sprays all bringing in significant sales, manufacturers... More »

Cam World: Top Models Often Reinvent Their Rooms

Throughout my travels this year, after meeting with many cam models and studios, I’ve observed a recurring theme among the crème de la crème — in order to stay on top, they often... More »

Adult Biz Faces More Obstacles Past Prop. 60 Battle

On Feb. 1, I completed 365 days as the Free Speech Coalition’s executive director. It was a turbulent first year, and when I received the 2017 XBIZ Industry Leadership Award I was startled, humbled... More »
XBIZ NEWSLETTERS
Stay informed of the latest industry developments. Get XBIZ newsletters delivered to your inbox. Subscribe today!
Enter email address:

* To manage existing subscriptions click here.






POPULAR PRODUCTS & SERVICES
Submit your press release to
multiple news outlets with 1 click.
Subscribe to RSS news feeds or
add free content to your website.
Access XBIZ news and articles
with your mobile device.
Access the latest issues of the industry's leading trade publications in digital form. View online or download for offline viewing.

UPCOMING EVENTS

XBIZ.net Paysite Meetup

May 04 - May 04
Prague, Czech Republic

Eurowebtainment 2017

May 17 - May 20
Majorca, Spain

XBIZ Retreat

May 30 - Jun 03
Miami, Florida

XBIZ Miami 2017

May 30 - Jun 02
Miami, Florida
Everyday thousands of business professionals browse XBIZ's industry directory for quality products and services. Not listed yet? Your company could be losing potential new business. Submit your company today!
Use XBIZ RSS feeds to stay informed of the latest industry developments or as a content syndication tool for your website!