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

Cherry Candle Makes Her Elegant Angel Debut in St. Paddy's Day Release

Cherry Candle has made her Elegant Angel debut alongside Danny Mountain in a St. Patrick’s Day-themed scene titled "For Fucks Sake!"

Brazzers Debuts New Series 'Glory House: Next Penetration'

2026 XMAs Best Lead Actor Ryan Reid, Tia Maria, and Beca Barbie star in the first episode of a new Brazzers limited series, “Glory House: Next Penetration.”

Andylynn Payne, Sasha Tatcha Lead Latest From TransSensual

Andylynn Payne and Sasha Tatcha star with Derek Kage in the latest scene from Mile High Media studio imprint TransSensual, titled “Gym Jail Bangarama.”

'Legal Impact' Webinar Unpacks North Carolina's New Consent Law

Industry attorney Corey D. Silverstein on Thursday held a webinar focused on North Carolina’s HB 805, a new law that has significantly altered performer consent requirements in the state.

Jennifer White Reflects on a Breakthrough Year in X3 Magazine

Newly crowned XMAs Female Performer of the Year Jennifer White takes center stage in the March issue of X3 magazine, the premier publication spotlighting the real personalities, passions, and stories behind top stars.

Abi James, Laynee James Star in Latest From TeamSkeet

Abi James stars with Laynee James and Connor Kennedy in the latest installment of TeamSkeet series “BadMilfs,” titled “Need Some Mommy Time?”

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.

Kasey Kei, Ameena Green Star in Latest From Evil Angel

Kasey Kei and Ameena Green star in a new release from Evil Angel.

Evil Angel Debuts Proxy Paige's 'All Aboard The Trans Express'

Evil Angel has released director Proxy Paige’s new title, “All Aboard The Trans Express.”

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.

Show More