Former Adult Producer Dave Pounder Asks U.S. Supreme Court to Take Case

Former Adult Producer Dave Pounder Asks U.S. Supreme Court to Take Case

UPDATED (May 20, 3:15 PDT): Industry attorney Lawrence Walters of Walters Law Group, who is one of two lawyers who worked on Pounder's petition to the high court, discusses Dave Pounder's case.

BOCA RATON, Fla. — Former adult film producer Dave Pounder yesterday filed a challenge at the U.S. Supreme Court claiming his civil rights were violated when a school district terminated his contract to advertise educational tutoring services on school fences.

Pounder, who also is a former adult performer and director, was fingered by parents in the Palm Beach School District for his past work in porn.

Parents voiced "great concern over the potential for the students using your tutoring services to become subjected to your adult entertainment business," Palm Beach School District General Counsel Sheryl Wood wrote in a letter to Pounder after they pulled down banners at three schools touting his math tutoring company targeting sixth graders.

Pounder lost the state case and later appealed to the 11th U.S. Circuit Court of Appeals, where he lost again.

The 11th Circuit said in its ruling that the contents of the signs were considered "government speech," and not free speech, which is "regulated primarily through the political process, not the U.S. Constitution."

"We conclude that the banners for The Happy/Fun Math Tutor are government speech," the court said. "Despite the lack of historical evidence in the record, the banners exhibit strong indicia of government endorsement and control. Accordingly, [Pounder's] claim under the First Amendment fails. His redress lies with the political process, not the courts."

With a petition for cert filed at the U.S. Supreme Court, Pounder said that he’s counting on “the unconstitutional conditions doctrine and prohibitions against viewpoint- and speaker-based discrimination … be extended to include all such government facilitation of private speech — not just based on the content of the message but also the viewpoint and identity of the speaker."

"I am hopeful the high court will grant review and rein in any expansion of the government speech doctrine, which strips private speech of all First Amendment protection,” Pounder told XBIZ. “While the government has every right to speak for itself, it shouldn't be allowed to hide behind the government speech doctrine as an excuse to exercise blatant viewpoint- and speaker-based discrimination when facilitating private speech.

“This case is less about my prior involvement with the adult industry and more about limiting the government's ability to exercise unbridled discretion and retaliate against people solely due to their otherwise constitutionally protected speech or conduct, especially when it is outside of and totally irrelevant to the forum at hand.” 

Industry attorney Lawrence Walters of Walters Law Group, who is one of two lawyers who worked on Pounder's petition to the high court, said the case involves the critical issue of when private speech loses all First Amendment protection.

"Under the school board's theory, any time the government endorses or approves a message, that speech is stripped of any constitutional safeguards," Walters told XBIZ. "The government can then decide who can speak, and what can be said.

"That creates a dangerous exception to the First Amendment. We are hopeful that the Court will recognize the importance of this case, and the issue it raises."

No longer in porn, Pounder held the slot as president of DavePounder Productions, which produced reality-based adult movies from 2003-2010. He also served as an executive with Daydream Entertainment Group, which had paysites and affiliate programs, from 2003-2008.

Pounder went on to direct more than 100 titles for companies including PimpRoll, Hundies, Top Bucks, Python, PayServe, BlazingBucks, Kink.com, Mayors Money, RageCash, TripleXCash and BangBros.com.

In 2014 he attempted to enter the political arena last year by running for school board, but he was defeated by the incumbent.

Petition for cert in the U.S. Supreme Court

Copyright © 2025 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

Texas Resumes AV Lawsuit Against Aylo Following SCOTUS Decision

A district court judge in Texas has unfrozen the state’s $1.6 million lawsuit against Aylo for allegedly failing to comply with age verification requirements, Bloomberg Law is reporting.

Nadia Jay Stars in Latest From Brazzers

Nadia Jay stars with Mick Blue in the latest release from Brazzers, titled "Fucking the Bath Voyeur."

Tommy Gunn Reflects on His Legendary Past as He Looks to the Future

Tommy Gunn is wearing an eyepatch. It’s not an homage to the classic "Pirates" porn parody franchise, in which Gunn takes on the Johnny Depp role. The eyepatch is a temporary measure to help him deal with a nerve palsy that came out of nowhere several years ago and affects his vision from time to time. Gunn needs his vision. As one of the adult industry’s longest-serving male stars, he still has plenty to look forward to.

Rocco Siffredi Directs New Rebel Rhyder Showcase

Evil Angel has released Rocco Siffredi’s Rebel Rhyder showcase title, "Rebel Meets Rebel."

JuicyAds Wins Trademark Infringement Case Against Fraudulent Domain

JuicyAds has won its World Intellectual Property Organization (WIPO) case against a website using a similar domain to impersonate the company's site and defraud customers.

Shalina Devine Toplines 'Thr3e #7' From Dorcel

Shalina Devine headlines the latest release from Dorcel, titled "Thr3e #7."

Chloe Amour Headlines 'Unfaithful Betrayal 3' From Bellesa Films

Chloe Amour toplines the third volume of “Unfaithful Betrayal” from Bellesa Films.

Anissa Kate, Jordan Starr Top AEBN for Q2 of 2025

AEBN has published its top-selling stars for the second quarter of 2025, with Anissa Kate landing atop the leaderboard for straight theaters and Jordan Starr heading up the gay rankings.

Misty Addams Makes Her WIFEY Debut

Misty Addams stars with husband Island Boy Brandon and 2024 XMA Europas Male Performer of the Year Christian Clay in the latest release from Vixen Media Group studio imprint WIFEY.

AEBN Reveals Eva Maxim as Top Trans Star for Q2 of 2025

AEBN has published its top trans stars list for the second quarter of 2025, with Eva Maxim landing atop the leaderboard.

Show More