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

Raissa Bellini, Koda Monroe Lead Latest From Brazzers

Raissa Bellini and Koda Monroe star with JMac in the latest release from Brazzers, titled "Pussies in Paradise."

Federal AV Proposal Scores Minor Win in House but Remains in Doubt

A newly announced bipartisan agreement in the U.S. House of Representatives Committee on Energy and Commerce may soon bring a proposed federal age verification law before the full House, but the measure continues to face an uphill battle.

Khloe Kingsley, Derek Kage Lead Latest From Family Strokes

Khloe Kingsley and Derek Kage star in a Father's Day-themed release from Family Strokes.

Kylie Rocket Toplines Latest 'Luxure' From Dorcel

Kylie Rocket headlines "My Wife, Her Lovers, and I," the latest installment of Dorcel's "Luxure" series.

Swamp Barbee Makes Her WIFEY Debut

Swamp Barbee stars with her husband Bruce and Jason Luv in the latest release from Vixen Media Group studio imprint WIFEY.

Arizona Governor Vetoes 'Protect Act' With New Consent Provisions

Arizona Governor Kate Hobbs on Friday vetoed HB 2133, the “Protect Act,” which would have imposed new requirements for adult content uploaded online.

Brazil Begins Monitoring 18 Adult Sites for AV Compliance

Brazil’s National Data Protection Authority (ANPD) is now monitoring 18 high-traffic adult websites for compliance with the country’s Digital Statute for Children and Adolescents (Digital ECA), which requires such sites to age-verify users located in Brazil.

Ofcom Fines First Time Videos $100,000 for AV Noncompliance

U.K. media regulator Ofcom on Thursday imposed a fine of 80,000 pounds (more than $100,000) against First Time Videos, which operates FTVGirls.com and FTVMilfs.com, for failing to implement age checks required for compliance with the Online Safety Act.

Curves Ahead: How BBW Creators are Turning Differentiation Into Competitive Advantage

For centuries, curves have been celebrated as a symbol of beauty, sensuality and power. From the soft opulence of Rubens paintings to the glamorous silhouettes of pinup icons, fuller figures have long occupied a place in art, fashion and fantasy.

Elizabeth Skylar Performs Her 1st Anal for Elegant Angel

Elizabeth Skylar performs her first anal scene alongside Danny Mountain in the latest release from Elegant Angel, directed by Mad Creativity.

Show More