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

Hazel Heart Makes Her Deeper Debut

Hazel Heart has made her debut for Vixen Media Group (VMG) imprint Deeper alongside James Angel and XMAs winner Dante Colle in the studio's latest release, titled "Keeping Quiet."

LeWood Drop Their 350th Title 'Anal Slut Search'

Director/performer duo LeWood (Francesca Le and Mark Wood) have released their 350th title, “Anal Slut Search,” from Evil Angel.

Miley Miles Makes Her Family Strokes Debut

Miley Miles has made her Family Strokes debut alongside Rion King.

Polish Government Proposes AV Mandate for Adult Sites

Poland’s Council of Ministers on Tuesday endorsed a proposed national law that would require sites and platforms to age-verify users to prevent minors from accessing adult content online.

Charlotte Sins, Aiden Ashley Front Latest Installment of 'The Yes List'

Charlotte Sins and Aiden Ashley star with Oliver Flynn in the latest installment of Adult Time series "The Yes List," titled "The Origin of the Throuple."

Brazil Launches Complaints Page for AV Violations, Other Issues

Brazil’s National Data Protection Authority (ANPD) on Monday debuted a portal where citizens can report possible violations of the country’s Digital Statute for Children and Adolescents (Digital ECA), which requires adult websites to age-verify users located in Brazil.

FSC Launches 'Speak Out' Media Campaign for Creators

The Free Speech Coalition (FSC) has announced the launch of FSC Speak Out, a media campaign for content creators to tell their stories.

Pineapple Support, Stripchat to Host LGBTQ Support Group

Pineapple Support and Stripchat are hosting a free online support group for LGBTQ+ individuals within the adult industry, titled "LGBTQ and Proud."

Texas Patti Leads Latest From Evil Angel

Texas Patti stars with multi-XMAs winner Mick Blue in the latest release from Evil Angel.

Show More