Brownback Fingers Entire Adult Industry, Not Just the Extreme

CHATSWORTH, Calif. – Immediately following yesterday's "Obscenity Prosecution and the Constitution," hearing in Washington, D.C. chaired by Sen. Sam Brownback (R-Kan.), the Free Speech Coalition put out the call that Brownback is actively urging lawmakers to draft new obscenity legislation and to start prosecuting the entire adult industry on a broader level.

"What he and his conservative supporters are trying to do is create a congressional record that will demonstrate there is a compelling reason to abridge the free speech rights of adults in the United States," Michelle Freridge, executive director for the FSC, told XBiz. "But you can't take away those types of constitutional rights without a really strong reason."

The hearing, which comes on the heels of another Brownback hearing on porn addiction, featured three conservative panelists with strong leanings toward pro-censorship and a clearer delineation between protections provided by the First Amendment and the pursuit and prosecution of commercially "obscene" materials, making particular reference to the recent 10-count indictment dismissal against Extreme Associates owner Robert Zacari.

Brownback also urged the Justice Department to bring obscenity prosecutions anywhere in the country, not just in conservative states, and to target not just the most explicit material like that of Zacari's, but also more mainstream content produced by the major studios.

According to Freridge, one of the panelists, Dr. Frederick Schauer of Harvard, demonstrated a better understanding of the history and application of obscenity law than the other two panelists, Patrick Trueman of the Family Research Council and Robert Destro of Catholic University.

Schauer suggested that current obscenity law is effective and should not be changed, and he argued that underlying criminal activities such as kidnapping, child pornography and sex trafficking should be prosecuted as criminal activities rather than attacking obscenity based on a product created during the activity. Schauer also said that the best way to regulate sexually explicit speech would be to treat it as an industry and focus on commerce laws.

While adult industry representatives were not invited to participate in the hearing, the FSC, along with industry attorney Lawrence G. Walters, have submitted written testimony that will be entered into the congressional record, which will later be referenced if new obscenity legislation is drafted.

According to Freridge, there were numerous inaccuracies noted in the hearing, in particular the repeated misuse of terms such as “pornography.”

"Both the Chair and witnesses inaccurately used the words 'pornography' and 'prostitution' almost interchangeably while talking about the evils of sex trafficking," Freridge said. "Another described obscenity law as 'a mess' that 'couldn’t do much' to regulate the industry."

Freridge said that Brownback's next expected action will be either to schedule another hearing or he will begin drafting legislation, which she thinks will be a tough fight, even for Brownback and his strong conservative backing.

"Case law had defined obscenity for quite some time and the three-prong test, or community standard, has been the standard as determined by the Supreme Court," Freridge told XBiz. "For Brownback to start with new legislation, he is going have to find something that is logical and more effective to convince other lawmakers to get it passed."

Freridge added that the FSC has been in the process of identifying and interviewing lobbyists in Washington and that an announcement should be expected in the coming weeks.

"We will continue to work to present our perspective in Washington so that lawmakers can fully evaluate all sides of the issues that affect the adult entertainment industry,” Freridge said.

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

Pervz to Debut New Limited Series 'Power Corrupts'

Pervz has announced the launch of its new six-scene limited series, "Power Corrupts."

Sandra Makes Her WIFEY Debut

Creator Sandra stars with her husband Ivan and Isiah Maxwell in the latest release from Vixen Media Group studio imprint WIFEY.

Gia Palomino Makes Adult Debut in Angelo Godshack's 'Rough Love 6'

Gia Palomino makes her adult debut and headlines Angelo Godshack’s latest Evil Angel directorial, “Rough Love 6.”

2026 XBIZ Miami Conference Schedule Announced

XBIZ is pleased to announce the release of the full show schedule for XBIZ Miami, set to take place May 11-14 at the Goodtime Hotel in South Beach.

Court of International Trade Rejects Trump 'Replacement' Tariffs

The U.S. Court of International Trade on Thursday ruled that President Trump’s 10% global tariff under the Trade Act of 1974, imposed after the Supreme Court invalidated the administration’s broad “Liberation Day” tariff regime, is illegal — but stopped short of a nationwide injunction against the tariff.

Bellesa Plus Wraps Shooting on New Reality Series

Bellesa Plus has wrapped production on the first episode of its new reality series, “The Bellesa Challenge.”

Eva Maxim, Emma Rose Lead Latest From TransAngels

Eva Maxim and multi-XMAs winner Emma Rose star in the latest release from TransAngels, titled "Stuck on Top."

Andi Avalon Returns to MILFY

Andi Avalon has made her return to Vixen Media Group studio imprint MILFY alongside Derek Savage and Isiah Maxwell in the studio’s latest scene.

Maddie Wren Leads Latest From MonsterPorn

Maddie Wren stars with Jason Sarcinelli and Marcelo Magnifico in the latest scene from MonsterPorn, titled "Trouble in the Woods."

UPDATED: Utah VPN Rule Enforcement Paused in Aylo Lawsuit

Provisions of a new Utah law making adult websites liable if minors in the state circumvent geolocation efforts to bypass age verification, which were set to come into force on Wednesday, have been put on hold until Sept. 3.

Show More