Judiciary Subcommittee Holds Obscenity Hearing

WASHINGTON, D.C. – Examining the constitutional context for obscenity prosecution, scholars Patrick Trueman of the Family Research Council and Robert Destro of Catholic University gave testimony Wednesday before the Senate Committee on the Judiciary Subcommittee on Constitution, Civil Rights, and Property Rights.

Expert witnesses from the adult entertainment industry were not invited to attend.

The hearing, titled "Obscenity Prosecution and the Constitution," was presided over by Sen. Sam Brownback (R-Kan.) and had been rescheduled from a February date.

Among some of the statements made, Brownback noted how large the adult industry has become and urged fellow lawmakers to more actively pursue prosecutions.

The congressional agenda was set to examine the repercussions of the recently dismissed federal obscenity charges leveled against Extreme Associates and its owner Robert Zacari and how obscenity regulations should not interfere with First Amendment protections.

“The explosion of sexually-explicit material is not a problem that exists in the vacuum of constitutional theory; government has a compelling and real-life interest in the matter, because of porn’s adverse effects on individuals, families and communities in the forms of criminality and addiction," Brownback said.

Critical of Zacari's ten-count dismissal based on First Amendment jurisprudence, Trueman warned against equating free speech issues with commercially "obscene" materials and exploiting "the grand conception of the First Amendment."

"It is a misuse of the great guarantees of free speech and free press," Trueman said, adding that since former President George H.W. Bush left office, the adult industry has become "emboldened" by the lack of interest on the part of government to police and prosecute extreme content.

"If the department of justice shrinks back from enforcing obscenity laws and prosecutes only the most extreme material, it deprives the people of their lawful opportunity to rid their communities of obscene material," he said, lauding a recent pledge made by newly appointed Attorney General Alberto Gonzales to step-up enforcement.

"The Supreme Court has clearly and repeatedly held that obscenity does not merit First Amendment protection," Brownback said. "The second is that the government has a legitimate and constitutionally valid interest in regulating obscenity through, among other things, the enforcement of relevant federal and state statutes.”

According to Brownback's office, the next subcommittee hearing on obscenity has not yet been scheduled.

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

2026 XBIZ Honors Salutes Resilience Across the Online Adult Industry

The 2026 XBIZ Honors packed house Wednesday night, turning the Kimpton Everly Hotel’s Nichols Ballroom into a gala celebration of industry excellence.

Zara Makes Her Studio Debut for Blacked

Newcomer Zara has made her studio debut for Vixen Media Group studio imprint Blacked, alongside Anton Harden.

Elevated X Adds CCBill Integration for Payment Processing

Elevated X has added CCBill integration for payment processing to its ELXNexus traffic management and affiliate program software.

Kylie Rocket Leads Dorcel's 'Couture No. 4'

Kylie Rocket headlines the latest release from Dorcel, titled “Couture No. 4.”

Anna de Ville Toplines Latest 'Desperate Anal MILFs' From David Perry

Anna de Ville headlines the seventh volume of director David Perry's "Desperate Anal MILFs," now available from Evil Angel.

Alexa Leigh Makes Her WIFEY Debut

Alexa Leigh stars with her husband Keith and Dan Damage in the latest release from Vixen Media Group studio imprint WIFEY.

Angela White Stars in Latest From Brazzers

Multi-XMAs winner Angela White stars with Derek Savage and Jack Blaque in the latest release from Brazzers, titled "Meet and Skeet."

Cléa Gaultier Directs 'Follow Me #2' From Dorcel

Cléa Gaultier directs in latest release from Dorcel, titled “Follow Me #2.”

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.

XBIZ Lights Up Amsterdam With Star-Studded X3 Expo Debut

From Hollywood to Amsterdam, XBIZ is expanding its international footprint with the Euro edition of X3 Expo, taking place concurrently with XBIZ Amsterdam conference as two distinct experiences within an all-new multi-floor venue.

Show More