Rapist May Write Porn, Judge Says

BOSTON — In a bizarre case of First Amendment protection that could have far-reaching affects on the legal merits of literary pornography as free speech, a convicted child rapist has been cleared to sue his jailers after they punished him for writing child porn.

Joseph Schmitt, 40, was convicted of raping two children, a 10-year-old boy and a 9-year-old girl, in 1992. During the course of his eight-year prison term, Schmitt reportedly sold a number of pornographic stories featuring adults to the gay sex magazines Kinky Fetishes, Boy Next Door and Coming Out.

He also, officials said, tried to sell pornographic stories about children, some of which ended up in the hands of convicted rapists at other prisons.

That was enough to prompt officials at the maximum-security Cedar Junction prison in Walpole to take away Schmitt’s television, radio and telephone privileges for 10 weeks.

After which Schmitt turned around and promptly sued his jailers.

On Tuesday, U.S. District Court Judge Rya Zobel ruled that state prison rules are not explicit enough to have allowed Cedar Junction officials to punish Schmitt for his writing. The rules, she said, only prohibit inmates from distributing “pictorial” pornography, not literary porn.

“Without ruling on the merits of plaintiff’s allegations, plaintiff has stated a claim for denial of due process,” Zobel said in her decision.

Although Zobel denied Schmitt’s claims that his punishment had been too severe, she allowed his suit to go forward on free speech and due process grounds.

The outcome of the Schmitt case could touch at the heart of a much larger question than whether a prisoner is allowed his porn or not. Amidst the vast increase in federal obscenity prosecutions this year on the heels of Attorney General Roberto Gonzales’ infamous porn squad, several high-profile cases have been brought against purveyors of written pornography.

Most notably, as previously reported in Xbiz on Oct. 3, the FBI's anti-obscenity squad raided the Pittsburgh home of the owner of RedRoseStories.com, a text-only website devoted to erotic fiction. Charges have yet to be filed, but the high-profile case may prove an important test ground since written stories alone have never been the basis for obscenity prosecution.

Owner Red Rosie potentially faces obscenity charges for posting stories that allegedly involved bestiality, water sports, scat, bondage and domination, S&M, slavery, threesomes, orgies and sex with children.

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

Pornhub to Restrict Access in Australia as AV Rules Take Effect

Pornhub parent company Aylo will restrict access to its free video-sharing platforms in Australia in response to new age verification regulations, the company confirmed Thursday.

House Committee Approves Online Safety Bill With Federal AV Requirement

The U.S. House of Representatives Committee on Energy and Commerce on Thursday passed the Kids Internet and Digital Safety (KIDS) Act, which includes provisions to make age verification by adult websites federal law.

Federal Judge Orders Refunds for Companies That Paid Trump Tariffs

A judge for the U.S. Court of International Trade on Wednesday ordered U.S. Customs and Border Protection to refund duties paid under the Trump administration’s sweeping program of tariffs.

House Committee to Weigh Online Safety Bill With Federal AV Requirement

The U.S. House of Representatives Committee on Energy and Commerce will meet Thursday to consider and potentially amend the Kids Internet and Digital Safety (KIDS) Act, which includes provisions to make age verification by adult websites federal law.

FSC Launches Privacy-First Age Verification Solution for Members

The Free Speech Coalition (FSC) announced today that it has granted members exclusive access to the PrivateAV age verification solution.

Brazil: New AV Requirements Set to Take Effect March 17

President Luiz Inácio Lula da Silva this week gave final approval to new regulations requiring adult websites to age-verify users located in Brazil starting March 17.

Utah 'Porn Tax' Bill With VPN Provisions Passes State Senate

The Utah state Senate has passed a bill that would impose a 2% tax on the revenues of adult websites doing business in that state, and make sites liable if Utah minors use VPNs to circumvent geolocation.

Fast-Tracked Arizona Bill Includes Consent 'Catch-22' for Adult Sites

A bill advancing rapidly through the Arizona state legislature would impose new requirements for adult content uploaded online, including seemingly contradictory provisions that could effectively make it impossible for adult sites to operate in the state.

Corey Silverstein to Host Webinar on North Carolina Age Verification Thursday

Adult industry attorney Corey D. Silverstein has announced his latest "Legal Impact" webinar, titled "North Carolina AV Law — Content Creation Issues," to livestream Thursday at 4 p.m. (EST).

Show More