Roberts: Lesser Protection For Porn

WASHINGTON — Upon questioning by Sen. Mike DeWine (R-Ohio) Tuesday, U.S. Supreme Court Chief Justice nominee John Roberts said he felt the Supreme Court had clearly established that the constitution affords less protection for pornographic speech than other forms of expression.

But, harkening back to the famous quote from Justice Potter Stewart in 1964, he said he wouldn’t attempt to define pornography but he knows it when he sees it.

"The difficulty that the court has addressed...is always defining what is or is not pornography and what is entitled to protection under the First Amendment and what is not," Roberts said. “You determine whether it is entitled to First Amendment protection in the first place."

His answer came in response to DeWine’s vocal frustration over the fact that both the Child Online Pornography Act and the Communications Decency Act had been struck down in the courts. Nonetheless, Roberts avoided giving too specific an answer when the Republican senator asked for his own opinions on pornography.

“Certain types of speech, like child pornography, are not entitled to protection,” he said. “There are different categories, and the court has struggled over the years in figuring out how to determine what belongs in what category. Beyond that, I do not think I can give a more precise answer."

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

Emma Rose Toplines 'TS Girls Do It Best 4' From TransSensual

Two-time XMAs Trans Performer of the Year Emma Rose headlines "TS Girls Do It Best 4," from Mile High Media studio imprint TransSensual.

Ofcom Investigates Pornhub's Device-Based UK Age Checks

U.K. media regulator Ofcom has opened an investigation to determine whether Pornhub parent company Aylo’s use of device-based age verification complies with the U.K.’s Online Safety Act.

Serenity Cox, Eva Angelina Star in Latest From MILFY

Serenity Cox and Eva Angelina star with Sheem in the latest release from Vixen Media Group studio imprint MILFY, titled "Yes Captain."

Lumi Ray, Blake Blossom & Isa Bella Star in Latest From Bellesa Plus

Lumi Ray, Blake Blossom, and Isa Bella star in the latest release from Bellesa Plus, titled "The Girl They Both Wanted."Directed by Jacky St. James, the scene opens with Ray, on her birthday weekend, being reunited with sorority sisters Blossom and Bella.

Maddie Wren, Chanel Camryn Star in 'My Lesbian Masseuse 2'

Maddie Wren and Chanel Camryn star in the second volume of "My Lesbian Masseuse," from Girlfriends Films.

'Studio Vanniall' Launches Through PAYSITE

Vanniall's official website StudioVanniall.com has launched through PAYSITE.

ERIKALUST Releases 'Squeaky Bed'

Venus Rey and Martin Grey star in the latest release from ERIKALUST, titled “Squeaky Bed,” directed by Rebecca Stewart.

Evil Angel Drops Proxy Paige's 'Gape Your Heart Out 3'

Evil Angel has released director Proxy Paige’s new title, “Gape Your Heart Out 3.”

France Weighs Ban on Purchase of 'Remote' Sexual Services

The French National Assembly is considering a proposal to criminalize the purchase, and/or facilitation by online platforms, of sexual services performed remotely by streamers and custom content creators.

YourVids Launches Customizable Subscription Feature for Creators

YourVids has rolled out YourFans, a service that allows creators to design customizable subscription tiers, from which they receive 100% of the revenue.

Show More