CHICAGO — First Amendment attorney J.D. Obenberger, a noted specialist in adult industry issues and a self-described “advocate of liberty in general,” passed away Saturday at age 66, according to family sources.
Obenberger, known to friends as “Joe,” was a regular contributor, source and panelist for XBIZ publications and events. He was also an active, and vocal, member of the First Amendment Lawyer's Association (FALA) and the Free Speech Coalition (FSC).
Born in Milwaukee, Wisconsin in 1954, Obenberger was a graduate of the University of Wisconsin Law School (J.D., 1979), the United States Army Judge Advocate General's School (1979) and the National Institute of Trial Advocacy (1986).
Since 1993, Obenberger led a Chicago-based legal practice that specialized in adult businesses, starting with brick-and-mortar adult bookstores and gentlemen's clubs, and later moving on to a then-new frontier of digital adult entertainment.
He defined the regular practice areas of his “XXXLAW” firm, as “the defense of content producers and retailers accused of obscenity, copyright infringement and right to privacy representation, domain name disputes and content reviews of adult mega-sites.”
A staunch opponent of government intervention and what he considered unconstitutional overreach, Obenberger was proud of working to protect his clients “at every step of government attack, from intervention during the execution of a federal search warrant through the entire process, from charges to trial.”
From the earliest days of the internet adult industry, Obenberger also became a prominent speaker about legal matters to groups of webmasters and content producers. He lectured internationally, generously sharing his expertise, deep understanding and relentless passion for First Amendment issues with diverse audiences.
Last year, during XBIZ Berlin 2020, Obenberger was part of a panel on the adult industry’s legal landscape, which he single-handedly turned into a master class on recent First Amendment cases in the U.S.
Obenberger’s writings have appeared in several legal, mainstream and industry publications and journals, including XBIZ World, the Wall Street Journal and Wired. He has also appeared on television as a commentator and was featured on Fox News’ “The O’Reilly Factor.”
He described himself as “deeply committed to personal liberty and privacy from the interference of government in the spirit of the American Constitution, and in the American political tradition,” and singled out conservative politician and 1964 Republican presidential candidate Barry Goldwater as his “personal hero.”
Another of Obenberger’s legal practices focused on Second Amendment litigation on behalf of gun owners. He was an NRA-certified pistol instructor, proudly held an Illinois Concealed Carry License and was a member of the NRA and the American Legion.
Obenberger also served in local politics and was once part of the U.S. Army Judge Advocate General's Corps, with a stint in Germany, where he became passionate about the language, history and culture. He was also one of the early participants in the U.S. Armed Forces’ JAG program.
In the 2008 book “American Unzipped” by MSNBC.com sex columnist Brian Alexander, Obenberger was described as possibly “the most vociferous champion of the adult industry in the United States.”
