Strictly speaking, you could probably even revoke copyright protection for porn entirely. The relevant clause of the constitution reads, "To promote the Progre

Strictly speaking, you could probably even revoke copyright protection for porn entirely. The relevant clause of the constitution reads, "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." IANAL, but it seems like you could take an originalist interpretation and say porn is in no way a useful art, and that even if it were, while congress has the power to do so, it can probably choose not to exercise that power provide protection to some suitably broad class of works.