Moonlighting Porn Cops Not Protected, Appeals Court Says

PALM BEACH, Fla. – Porn and the law have once again brushed up against each other, and this time an appeals court has determined that two Palm Beach police officers moonlighting as adult content cannot enjoy protections of the 1st and 14th Amendments.

Plaintiffs Ronald Thaeter and Timothy Moran, both deputy sheriffs with the Palm Beach Country Sheriff’s Office, performed as content for a paysite on multiple occasions in 2000, which was operated by another deputy sheriff, Jack Maxwell, and his wife Elizabeth Maxwell. The officers participated in scenes involving group sex, masturbation, oral sex with multiple partners, and in some cases used police cars belonging to the Palm Beach Country Sheriff’s Office as props.

Thaeter also was featured in a streaming video involving sex with his wife, Sorphea Thaeter, for broadcast on three different pay-per-view websites.

The officers originally had asked the Maxwells to obscure or disguise their faces, to protect their professional standing with the sheriff’s office. But the site operators were unable to successfully do so, and later that year a private citizen identified one of the officers on the Maxwell’s site and filed a complaint.

Thaeter and Moran were investigated for professional misconduct and fired. However, both deputies appealed their termination, arguing that the Police Officer Code of Ethics, which requires a police officer to “maintain a life unsullied as an example to all” in their off-duty lives, was “vague,” and that a police officer cannot be disciplined for off-duty involvement in an activity that is protected by the 1st Amendment.

After their reinstatement of employment was denied, the two officers filed a complaint in federal court for permanent injunctive relief and monetary damages against the Palm Beach Country Sheriff’s Office. Included in the complaint were allegations that their free speech rights had been violated. The judge dismissed the case claiming that the off-duty sexual activities of the two officers did not constitute protected expressive conduct under the 1st Amendment.

The two officers appealed the case in the 11th U.S. Circuit Court of Appeals, which determined that they were in fact legally terminated and there was no basis for the case to proceed.

“Although a government employee does not relinquish all 1st Amendment rights otherwise enjoyed by citizens just by reason of his or her employment,” the district judge wrote, “a governmental employer may impose certain restraints on the free speech of its employees, restraints that would be unconstitutional if applied to the general public.”

The judge’s decision was based on an earlier ruling in the case City of San Diego vs. John Roe, which involved the termination of a police officer who acted in adult films during his off-duty hours and then was caught selling them on eBay. Roe claimed that his termination from the police force violated his 1st and 14th Amendment rights, but the 9th Circuit disagreed, ruling that courts should balance the speech of a government employee with the "proper functioning of government offices," which cannot be compromised.

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

Penny Barber Leads Latest From MYLF

Reigning XMAs MILF Performer of the Year Penny Barber stars with Ken Feels in the latest release from MYLF, titled "50 Shades of Milf."

Yhivi Stars in Latest From Brazzers

Yhivi stars with Alex Jones in the latest Brazzers scene, “Yhivi By Alex.”

Cherry Kiss Leads Latest From Hentaied Network

Cherry Kiss stars in the latest crossover scene from Hentaied studios Futanari XXX and Parasited, titled “The Futa Parasite Part 2.”

Rachael Cavalli Stars in Latest 'Mommy's Boy' From Adult Time

Rachael Cavalli stars with Tyler Cruise in the latest episode of Adult Time series “Mommy’s Boy,” titled “Can’t Stop Thinking About It.”

Hazel Paige, Jena LaRose Topline 'Deep Lesbian Desires'

Hazel Paige and Jena LaRose headline “Deep Lesbian Desires” from Girlfriends Films.

Leana Lovings Stars in Latest Release From Vampired

Leana Lovings stars alongside Rikako in the latest release from Vampired, titled "The Hostess 1992."

Tiffany Blue, Kaira Love Front Latest From Immoral Productions

Tiffany Blue and Kaira Love star in a new trilogy from Immoral Productions, alongside Charlie Dean, Matt Bird, and studio honcho “Porno Dan” Leal.

Tiffani Time Makes Her WIFEY Debut

Newly crowned XMA Creator Awards Rising Clip Creator Tiffani Time stars with her husband Benfit and Jax Slayher in the latest release from Vixen Media Group studio imprint WIFEY.

Karmen Karma Stars in Latest From Ricky's Room

Karmen Karma stars in the latest release from Ricky's Room, titled "A Long Time Cumming."

FSC Publishes Analysis of Federal Trade Commission Event Promoting AV

Free Speech Coalition (FSC) has published an analysis of a Federal Trade Commission (FTC) event held this week that promoted age verification among other forms of speech regulation.

Show More