Supreme Court Says Adult Film Cop Firing Constitutional

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.”

Copyright © 2026 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

Final Defendant Sentenced in GirlsDoPorn Case

Former adult producer Doug Wiederhold, previously a business partner of GirlsDoPorn owner Michael Pratt, was sentenced on Friday in federal court to four years in prison for conspiracy to commit sex trafficking.

FTC Takes Another Step Toward New 'Click to Cancel' Rule

The Federal Trade Commission (FTC) is negotiating the latest procedural hurdle in its effort to renew rulemaking concerning negative option plans, after a federal court previously vacated a “click-to-cancel” rule aimed at making it easier for consumers to cancel online subscriptions.

AV Bulletin: Health Warnings, VPNs and Exemptions

Since the Supreme Court’s decision in Free Speech Coalition v. Paxton, more state age verification laws have been introduced around the United States, as well as at the federal level and in other countries. This roundup provides an update on the latest news and developments on the age verification front as it impacts the adult industry.

Pornhub to Block UK Users Without Accounts Starting Feb. 2

Pornhub parent company Aylo will block access to its free video-sharing platforms in the United Kingdom starting Feb. 2 unless users have already set up accounts prior to that date, the company announced Tuesday.

Aylo Wins Another Major Piracy Lawsuit

For the second time in recent weeks, Pornhub parent company Aylo has prevailed in a copyright infringement case against sites pirating its content.

Arizona State Legislator Proposes Porn Ban

A member of Arizona’s House of Representatives on Wednesday introduced a bill that would make it illegal to produce or distribute adult content in that state.

SCOTUS Won't Hear Appeal in NYC Adult Businesses Zoning Case

The U.S. Supreme Court has declined to hear an appeal by a group of adult businesses of a lower court’s decision allowing enforcement of a 2001 zoning law aimed at forcing adult retail stores out of most parts of New York City.

Florida Congressman Files Latest Bill to Repeal Section 230

Rep. Jimmy Patronis of Florida has become the latest member of Congress to propose legislation that would repeal Section 230 of the Communications Decency Act, which protects interactive computer services — including adult platforms — from liability for user-generated content.

Irish Parliamentary Committee Weighs Stricter AV Laws

The Irish national parliament’s Joint Committee on Arts, Media, Communications, Culture and Sport met Wednesday to discuss regulation of online platforms and improving online safety, including calls for stricter age verification by adult sites.

Ofcom Issues Guidance on Age Check Placement for Adult Sites

U.K. media regulator Ofcom on Wednesday published its recommendations for where and how adult sites should deploy age checks as required for compliance with the Online Safety Act.

Show More