Roger Young: 'I liken Internet pornography to a ballistic
missile'
2003-02-27 08:39:48
Morality
in Media recently spoke with Roger Young, the FBI's former
lead obscenity investigator, about his career investigating obscenity
and how citizens can support such work
MORALITY IN MEDIA: Could you tell us about your work as an FBI
agent, particularly with obscenity and child pornography cases.
ROGER YOUNG: I joined the FBI in November 1975, and in October
1977 began working child pornography, prostitution and obscenity
cases. For over 23 years, the majority of my work was in these
areas. I was fortunate to have worked three major national obscenity
initiatives-one of which was MIPORN [code name]. MIPORN investigations
began in 1977, and on Valentine's Day 1980 the FBI simultaneously
executed search warrants across the nation on 54 major pornographers.
I worked on investigations in San Francisco. All defendants were
prosecuted in Miami, Florida.
The next one was BLUE DARCY [code name], which was the case against
Reuben Sturman, who was described by the Attorney General's Commission
on Pornography [in 1986] as the most prolific producer and distributor
of pornography-and the wealthiest pornographer-in the history
of the world. BLUE DARCY went from 1982 until Sturman was convicted
in Las Vegas, Nevada in 1992, on Racketeering-Interstate Transportation
of Obscene Matter. Prior to that, he was convicted in 1989 in
Cleveland, Ohio for income tax evasion.
Then beginning in the late 1980s, [I was involved in] another
major national initative called WOODWORM [code name], that targeted
major pornographers, many of them connected to organized crime,
in the San Fernando Valley area north of Los Angeles. I worked
on three cases prosecuted in Las Vegas where I was based.
All along, I had some national and international child pornography
cases and cases involving child prostitution. But when I began
working child pornography cases early in 1977, there were no child
porn laws. We used obscenity laws to prosecute child porn. In
1978, Congress enacted a law that prohibited the production of
child porn without proof of obscenity, but the law was limited
to material produced for pecuniary profit. It wasn't until after
1982, when the Supreme Court held that child porn could be prosecuted
without proof of obscenity, that Congress enacted laws aimed at
noncommercial production and distribution of child pornography.
I always tell people this -- there's no such thing as just an
obscenity or child pornography case, because you have all kinds
of other laws being violated and residual effects on the community
and individuals that are affected by these types of cases.
MIM: Were you assigned to a particular FBI Field Office, or was
your assignment obscenity and child porn generally, so that you
could work out of any office?
RY: I was assigned to the San Francisco division, which reached
as far south as San Luis Obispo and north along the coast to the
Oregon border. When cases came up that involved obscenity or child
pornography, I would cover that whole area. I was in San Francisco
right after I graduated from the FBI Academy until I was transferred
to Las Vegas, which covers the state of Nevada, in January 1981.
The rest of my time was in the Las Vegas Division.
But-much like my father, who in 1968 was designated the national
field coordinator for all pornography cases throughout the United
States-the FBI started flying me to various spots in the U.S.
to assist [in obscenity cases] and to debrief any major figures
in the pornography industry that decided to do a plea agreement
or decided to cooperate with the Government in crimes they had
committed.
MIM: Was there a period when both you and your father were in
the FBI together?
RY: He was in the Bureau from 1940 to 1972. I entered in 1975.
My father presented me with my FBI credentials when I graduated
from the FBI Academy in Quantico, Va., and the FBI gave me his
badge to wear, which I wore throughout my career.
MIM: Could you tell us more about your father's FBI career efforts
against obscenity?
RY: From 1955 until he retired, my father was the lead investigator
in the FBI for obscenity. He investigated and watched the San
Fernando Valley area develop into what is commonly called "The
Porn Valley." He worked obscenity cases-which was very difficult
at the time, because there was no racketeering statute. You couldn't
really attack the companies; you had to find and develop investigative
techniques to arrest the owners. But most of the time you ended
up arresting the pornography store managers or the people who
actually carried the obscenity interstate.
He worked with the Postal Inspectors and other agencies, and through
his efforts he developed research and intelligence that later
benefited me. When we got together after I started working obscenity
cases, whether we were playing golf or fishing, it was like a
clinic. He passed on information that was very beneficial to me.
MIM: How did the passage of the RICO-Obscenity statute help your
work?
RY: Very valuable. It really put teeth into the law. It was extremely
helpful in 1984 when President Reagan signed that bill. Because
now the FBI could use the racketeering statute to shut down the
business and seize all the assets and the land and buildings and
the cars, vehicles, houses-if anything was bought from monies
from the crime of obscenity, and we could prove that this was
their sole income, and the profits from this obscenity business
purchased this Mercedes-Benz and this home, and so forth-the Government
could seize it all. That's what hurt the pornographers. And that's
what the racketeering statute was meant to do-to cause an illegal
business to cease and desist.
MIM: And you were able to use that statute in the field to do
those major seizures.
RY: Yes, especially in the Reuben Sturman case in Las Vegas. We
were able to shut down and seize the profits, the assets and the
land on seven pornography bookstores in Las Vegas, two X-rated
theaters-one in Reno, Nev., one in Berkeley, Calif.-[plus] two
in San Francisco. [We] took an unbelievable amount of pornography
off the street, and also prevented a large amount from even getting
to the street.
MIM: Was there any child porn case you worked on that stands out
for you?
RY: One of my early cases in San Francisco was an international
child pornography and child prostitution ring, highly organized-two
men who traveled throughout the world to have sex with children
also had a mail order business in San Francisco. They put out
color brochures through the U.S. mails of all kinds of pornography,
including child pornography, and were making about a million dollars
a year, bringing children in from Mexico, Puerto Rico, other parts
of the country. They had 5,000 customers throughout the U.S. and
26 foreign countries. A large amount of those customers were purchasing
and receiving child pornography, and the majority of them were
involved with sex acts with children. At the time, it was a shock
to the public and to the media to discover that such a thing was
occurring, two miles from the FBI office in San Francisco.
MIM: When did that case occur?
RY: That was from 1977 until trial in 1981. Then following that,
there were an awful lot of child pornography cases after the Federal
[child pornography] law was passed, and the emphasis in the Attorney
General's office became crimes against children.
MIM: There's a heightened awareness of the dangers of child pornography-but
in fact these kinds of crimes have been going on for a long time.
People didn't just start using child pornography yesterday.
RY: Oh yes. Even before it was going on long before the public,
media, prosecutors, and investigators knew what was happening.
In one case I discovered a person who had produced child pornography
back in 1968. That was in Florida. Some of those materials were
found in search warrants we did in 1978, and then again in search
warrants we did in 1982, and in search warrants we did in 1986.
People just keep on producing the same stuff over and over and
over again. Every once in a while, we'd do search warrants and
find some of the material that I could identify from cases that
I'd done previously.
Most people think that when you do an obscenity or a child pornography
case, you do the case and that's it, it's over. But actually this
material is preserved by people and reproduced over and over and
over again.
MIM: Could you tell us more about the MIPORN and the WOODWORM
cases?
RY: In the MIPORN case, two FBI agents went undercover, formed
a pornography business in Miami as a sting operation with bank
accounts and so forth, and traveled throughout the United States,
meeting with and doing business with major pornographers, and
discovering how prolific, how really bad it was.
As I said, there's no such thing as "just" an obscenity case,
because they ran into child pornography, stolen property, illegal
weapons, money laundering, prostitution-many, many violations.
The whole MIPORN sting was organized by the FBI so that these
two agents (who were undercover beginning in 1977 through the
search warrants on Valentine's Day 1980) could purchase different
types of pornography they believed to be obscene, and have everything
shipped to their warehouse in Miami, and have all the cases prosecuted
in Miami, which was done by prosecutors there, especially Marcella
Cohen, who was an outstanding prosecutor working for the Strike
Force in Miami.
MIM: And WOODWORM?
RY: WOODWORM was organized in 1989 in Los Angeles by federal prosecutors,
FBI agents, and detectives from the LAPD Administrative Vice Unit.
The LAPD detectives had experience working obscenity cases and
knew the area. These detectives worked with FBI offices around
the country to conduct investigations of major pornographers located
in the San Fernando Valley north of Los Angeles. Three major pornographers
headquartered in the San Fernando Valley were assigned to our
FBI office in Las Vegas. We investigated the three and purchased
hardcore pornography, using a "sting" type operation so that the
pornography was shipped interstate from California to Nevada.
One pornographer assigned to me was a "made" member of the Colombo
[organized crime] family, Anthony Perraino, who was the originator
of the "Deep Throat" movie back in the '69-'70-'71 era, and had
continued on with his pornography business and developed it in
the San Fernando Valley. His two sons were "Butch" (real name
Louis) and Joe Perraino. The Perraino case went to court in the
mid-1990s.
MIM: How did the criminal cases work out?
RY: Two of the three pornographers pled guilty and did not go
to trial. The Perrainos went to trial in Las Vegas, but the timing
of the trial was bad. It was after the O.J. Simpson case, and
the defense attorney portrayed the federal prosecutors as outsiders
who had come from Washington to tell the people of Nevada what
they could or could not see. He portrayed the government of harassing
the defendants and threatening their freedom of speech, and he
insinuated that ethnic prejudice (the defendants were Italian)
was a factor in the prosecution.
The attorney had the jury so inflamed that I don't think they
even heard the judge's instructions. If they would have followed
the judge's instructions, regardless of their personal beliefs,
there was no question in my mind that they would have found the
films obscene. But he so inflamed the jurors that within an hour
they came back and found the Perraino sons, "Butch" and Joe, not
guilty. Anthony Perraino was not prosecuted because he was ill
and not expected to live. In my entire, this was the only obscenity
case that went to trial that we lost.
MIM: Hardcore pornography seems to be everywhere on the Internet.
Is it realistic to think that we can reverse this flood of obscenity
through the vigorous enforcement of the Federal obscenity laws?
RY: Yes, I believe we can. Throughout our nation's history citizens
have made a difference by fighting against things that harm society.
Obscenity and child pornography laws were created by people who
complained, who talked to their legislators, who didn't give up.
We would not have any laws against pornography if it weren't for
people who got the ball rolling.
Today, I liken Internet pornography -- because it's so prolific
-- to a transcontinental ballistic missile with multiple atomic
warheads that come and explode all over the U. S. That's what
we have now -- multiple explosions of obscenity on the Internet.
I cannot give a talk without someone saying that they have been
"spammed" or that they got unwanted adult obscenity on the Internet
from just trying to do something else-research, for instance,
or they bought something and their screen name was sold or stolen
and they got unwanted obscenity on the Internet.
I estimate that there are over 400,000 obscenity sites. This is
not by accident. This is a planned and encouraged thing by the
major pornographers to make it so prolific on the Internet that
people say, "What can we do about it, it's so overwhelming, we
shouldn't even try." That's the goal of the people making the
money from it. It comes down to one word-greed. It's a planned
attack; all this Internet obscenity is not by chance.
Much if not most hardcore pornography on the Internet, however,
originates from a small number of major pornographers. They own
countless porn sites and provide pornography for countless other
sites. Putting even a few of these major pornographers out of
business through enforcement of obscenity laws, including RICO-obscenity
laws, would make a huge impact.
Once word gets out that the government means business about fighting
obscenity, other pornographers will choose to get out of the business.
Porn attorneys speak of this as a "chilling effect," as if our
cherished First Amendment freedoms were somehow threatened! But
criminal laws have two primary purposes: first, to punish crime
and second, to deter crime. When enforcement of obscenity laws
deters future violations of obscenity laws, that's a good thing.
That is law at work.
But to reverse the floodtide of obscenity will take a concerted
effort on the part of the Justice Department's Obscenity Section
in Washington; federal prosecutors in district offices nationwide;
FBI Agents, Postal Inspectors, and Customs Agents; and state and
local law enforcement agencies. And it will take about 4-8 years.
MIM: What do you say to people who say that law enforcement ought
to be focusing just on sexual exploitation against children, and
who would say that obscenity enforcement is a wasteful distraction?
RY: I say that people who feel that way need to be educated and
made aware of how devastating obscenity is to both children and
society, and that much sexual exploitation of children involves
use of "adult" obscenity. Before I retired, I worked on the "Innocent
Images" cases, targeting crimes against children on the Internet.
In many of those cases, adults used "adult" pornography to target
children they wished to have sex with.
Obscenity is so flagrant right now, it's such an explosion on
the Internet, that any child can hardly get on the Internet and
start doing research without running into it, especially now with
major pornographers using catchy names and timing their pornography
[sites] to come out [to take advantage of it]. For example, the
movie "Scooby-Doo" comes out, and a pornography site opens called
"doobyonline." I got a complaint from parents where their two
10-year-old daughters were looking for pantyhose on the Internet
and found the site "teenpantyhose," which turns out to be hard-core
pornography.
Now there's research and articles, being published quite often,
on the effects of obscenity on children. And of course there's
the research on how hard-core violent pornography reaches children
going through puberty and into teenage-hood. They become addicted
to it and it affects them in later life, some of them becoming
very serious criminals.
MIM: How do you answer those who say that obscenity crimes are
victimless?
RY: I wish I could get across to more people how many parents
I've sat with whose children have been affected by this -- not
to mention, in Las Vegas, the one or two wives a year who would
have the courage to call or come into the FBI office and talk
to me, and say, "Can't you do something about this pornography
store? My husband is spending all kinds of money there, it's affecting
our family." Most of them ended up divorcing because their husbands
became so involved that it tore the family apart.
MIM: Is the Mafia still involved in the production and distribution
of hard-core pornography?
RY: Absolutely. I would not say that every single pornography
business is involved with organized crime, but there are definitely
those businesses that are directly owned, or directly involved
with organized crime, making large profits. Then some pornographers
are buying products from businesses that are controlled to or
linked to organized crime.
My father was also able to investigate and see that in the 1960s.
Organized crime (especially the Colombo and Gambino families in
New York) moved into the San Fernando Valley and developed a West
Coast base of operations in pornography.
MIM: From your experience, could you -- discreetly -- describe
what obscene material typically consists of?
RY: Yes. First, the pornographers and their attorneys have done
an unbelievable job of deceiving, confusing and causing doubt
in prosecutors, investigators, judges and the general public-so
much so that basically good people have often thrown out common
sense and decency, not understanding what hardcore pornography
is all about. Rest assured, pornographers don't want people to
be educated about this.
Basically, obscenity is hard-core material, where there's some
type of sexual conduct occurring. From the various court decisions
over the years, the legal definition of obscenity has been established.
It's a three-prong test. The first two prongs are measured by
community standards. The first prong asks whether the average
person, applying the standards within their community, would find
that the pornography in question, taken as a whole, appeals to
a prurient interest. People get confused-they say, "What is that?"
That's a lustful or a morbid or a shameful desire.
The second prong, also based on community standards, asks whether
the work depicts or describes sexual conduct in a patently offensive
way. "Patently" means "clearly"-a clearly offensive way to the
viewer. This includes, but is not limited, to representations
of ultimate sex acts, normal or perverted, actual or simulated;
also masturbation, excretory functions, lewd exhibition of the
genitalia, and sadomasochism.
The third part of the obscenity test asks whether a reasonable
person, looking at the material taken as a whole, would determine
that the material lacks serious literary, artistic, political
or scientific value. Community standards aren't applied here.
When I teach classes -- at a university, or at the Judicial College
at the University of Nevada at Reno -- I say, "Well, why was this
material made? For some literary prize or newspaper article? Was
it made to hang in an art museum or for some artistic prize? Was
it made for some political campaign? Was it made by doctors licensed
by the medical board to help people with sexual dysfunctions?"
When you put it that way, most people understand why it was made
-- to make money by preying on vulnerable people and indulging
debased and perverse sexual appetites. Anybody who does any surveillance
of pornography bookstores knows that most of the time you see
regulars who go to the same bookstores over and over again. For
them, viewing pornography has become an addiction.
People in the pornography industry do not like the word [pornography].
It has a derogatory meaning. The term "adult material" was put
forth by them to soften it, to try to make it more acceptable
in the community. They'd rather say that this is mainstream, run-of-the-mill,
adult material, not pornography, because they know that "pornography"
came from two Greek words, "porne" and "graphos," which literally
translated means "the writing of prostitutes."
MIM: You've retired recently from the FBI. Why are you still fighting
pornography?
RY: My father did it for so many years, and he was handcuffed
because he didn't have the laws and the mechanisms we have now.
In 1968, my father recommended that there be a special section
at FBI headquarters and a special section at the Department of
Justice with prosecutors who could coordinate nationally and provide
training and assistance in obscenity prosecutions. You had inexperienced
assistant U.S. Attorneys calling around and asking, "How do you
do this or that?"
Defense attorneys for the pornographers were experienced and organized.
They had the country divided up as to who would help whom; they
had their training and get-togethers to fight prosecutions.
I fought obscenity and child pornography work for over 23 years.
I know how devastating the residual effects of it are on the individuals,
families, communities, and the nation. I thought why would I want
to retire and just have my father's work and my work die. I thought
there's more here that I should be able to do. So I formed my
own business, and since retirement, I've continued to teach and
lecture and testify as an expert witness and do case analysis,
and try to help law enforcement as much as I can.
I realized that there are so many people in all walks of life
that just don't see the big picture of obscenity and the problems
that it causes, and the residual effects of financial loss, of
psychological damage, of the future of raising healthy people
in this country, realizing how dangerous this can be. I always
tell people that obscenity and child pornography should be treated
like toxic gas. You need to keep it at arms' length. You can be
breathing the fumes, and have it affect you, and not realize the
effect that it's starting to have on you. That needs to be recognized
and identified.
For instance, there have been several instances where residual
crimes [other than obscenity] in a particular area decreased up
to thirty-three percent after the city or county enacted an "adult
use" zoning ordinance that forced sexually oriented businesses
to move out of the area. Obscenity in "adult businesses" attracts
individuals involved in other crimes (drugs, prostitution, indecency,
rape, etc.) that also hurt the community.
MIM: Pornography is not just criminal problem, but also a spiritual
problem. Why do you think most pastors have been silent about
the growing menace of pornography?
RY: In many cases, it's a lack of understanding and education
and awareness. Awareness and education are the greatest weapons
against pornography. Where does a pastor go to get training in
this area? Certainly they don't spend time on it in seminary.
Then you have clergy who believe this is something they should
not talk about. This is something to pray about, but not something
to be involved with. They don't want to give the appearance they're
carrying the flag, charging forward, fighting this type of thing
in our society. But with the Internet, more of these clergy-and
their families-are being hit right in the face with it. And that
is going to wake up people.
MIM: How can the ObscenityCrimes.org Web site help get the obscenity
laws enforced?
RY: Individuals and citizens throughout the country can make a
difference by filling out and submitting reports from ObscenityCrimes.org.
This information can then be put together and sent directly to
those individuals who investigate and prosecute these matters.
It definitely will help educate and [raise] the level of awareness
of individuals who make the decisions to prosecute obscenity crime.
And it will definitely help make them understand how serious this
obscenity problem is and how damaging it can be to people of all
ages and their communities, through the Internet. It will probably
wake them up to how serious the proliferation of obscenity is
on the Internet.
I believe that what's on the Internet is some of the worst material
I have ever seen in 23 and a half years of conducting investigations
for the FBI. How someone can ignore this is beyond me, when it
can be so devastating. Now, with the current Administration in
Washington, I believe there are people who really are starting
to understand how serious this problem is and how harmful it can
be to future generations.
MIM: Do you think this Web site gives the computer user at home
or at work a weapon, so that they don't have to feel helpless
against hardcore Internet porn any more?
RY: Certainly, my friends and some family members have called
me and have said, "Gee, I've been getting this spam; I try to
go to whitehouse.com, or do research about the FBI or some other
subject, and I'm getting pornography. How do I get it off? What
do I do about it? Who do I call? What can be done?"
People now have a tool, a method, a way of getting reports to
prosecutors and making them more aware. I believe it's fantastic.
For years, the National Center for Missing and Exploited Children
has provided a CyberTipline for crimes against children; but there
hasn't been in the past something for obscenity. Now there is
something people can really do and feel like they're doing something
worthwhile to help rid this problem from coming into the home,
the workplace, the library, the school.
MIM: And this is in a form that prosecutors can use.
RY: Absolutely. The prosecutors now can take the ObscenityCrimes.org
report forms and have a variety of people complaining about the
same site, or multiple people in the same district, or various
districts, and they can develop a lot of evidence and a lot of
facts from this that would help in the prosecution of obscenity
cases.
Cliches About Obscenity Law and the First Amendment
1. You are advocating censorship by urging enforcement of state
and federal obscenity laws.
Absolutely not. From a constitutional perspective, censorship
means prior restraint of First Amendment rights by government.
The Federal and state obscenity laws operate after, not in advance
of publication. Quoting from an earlier opinion, the Supreme Court
said in its landmark 1931 Near v. Minnesota decision that the
"main purpose" of the First Amendment provisions regarding free
speech and the press are "to prevent all such previous restraints
upon publications as had been practiced by other governments,
and they do not prevent the subsequent punishment of such as may
be deemed contrary to the public welfare." The First Amendment
has never been interpreted as preventing censure for criminal
matter when published, and persons can be fined and imprisoned
if they disseminate obscene material.
2. But the First Amendment protects freedom of speech and the
press.
Of course it does. But despite its unconditional phrasing, the
First Amendment was never intended to protect every utterance,
and the Supreme Court has consistently held that there are narrow
categories of speech which are not protected by the First Amendment,
which include obscenity, child pornography, inciting to riot,
libel, false advertising, perjury, contempt of court, harassment,
threats, copyright infringement and invasion of privacy. Obscenity
is not protected speech. It is a crime.
3. Obscenity is difficult to define; there is no clear definition
on the books.
False. The United States Supreme Court defined obscenity in its
landmark 1973 decision, Miller v. California. The definition isn't
perfect, but it is workable when applied in a common-sense manner.
Before sexual material can be judged obscene and therefore unprotected
by the First Amendment, a judge or jury must determine: 1. that
the average person, applying contemporary community standards,
would find that the work, taken as a whole, appeals to prurient
interest; 2. that the work depicts or describes, in a patently
offensive way, sexual conduct specifically defined by the applicable
law; and 3. that the work, taken as a whole, lacks serious literary,
artistic, political, and scientific value.
4. It is impossible for the owners of Web sites or stores selling
pornographic materials to know if the material is obscene.
A. The Supreme Court has repeatedly rejected vagueness challenges
to the obscenity definition. For example, in its 1957 decision
Roth v. United States, the Court said that the Constitution "does
not require impossible standards; all that is required is that
the language [of the law] conveys sufficiently definite warning
as to the proscribed conduct ... [W]e hold that these [obscenity]
statutes ... do not ... fail to give men ... adequate notice of
what is prohibited."
B. In its landmark 1973 Miller v. California obscenity decision,
the Court said that "no one will be subject to prosecution for
the sale or exposure of obscene materials unless these materials
depict or describe patently offensive 'hard core' sexual conduct
specifically defined ... We are satisfied that these specific
prerequisites will provide fair notice to a dealer in such materials
that his ... activities may bring prosecution."
C. What business owner (or manager) doesn't know about the products
he sells? You expect, for example, a computer store owner (or
manager) to know about computers, or a pet store owner to know
about parakeets and tropical fish. How can an owner (or manager)
not know that the pornography being sold by his or her business
is hardcore? The owner (or manager) also has the responsibility
to be familiar with both federal and state obscenity laws.
5. Obscenity laws are impossible to enforce.
This is another excuse provided by prosecutors who are afraid
or unwilling to commit the resources necessary to enforce obscenity
laws. The obscenity definition provided by the Supreme Court is
workable when applied by a judge or jury in a common sense fashion.
High-paid defense attorneys will try to pick jurors who are ideologically
opposed to obscenity laws and to confuse or mislead other jurors
with "expert witnesses," surveys, and distorted arguments about
the First Amendment. Properly prepared and motivated prosecutors,
however, have proved over and over again that obscenity laws can
be enforced.
Morality in Media has many legal materials to assist prosecutors,
including the Handbook on the Prosecution of Obscenity Cases,
by George M. Weaver, the three-volume Obscenity Law Reporter,
and the bi-monthly Obscenity Law Bulletin.
6. I have a right to watch what I choose in my own home.
The Supreme Court has held that obscenity laws cannot be applied
to the mere possession of obscene material by the individual in
the privacy of his or her own home. There is no such thing, however,
as a constitutional right to sell or obtain obscene material in
the marketplace. Obscenity laws punish the purveyor, not the home
viewer. Possession of child pornography in the home, however,
is a crime.
7. What next? Where do you draw the line? A ban on obscene materials
today will lead to real censorship tomorrow, with maybe the Bible
or Michaelangelo's "David" being banned next.
A. We have enjoyed political and religious freedom for more than
two centuries. That is the clearest proof that enforcement of
long-established obscenity laws does not threaten our First Amendment
freedoms. As the Supreme Court said in its landmark 1973 Miller
decision: "We do not see the harsh hand of censorship of ideas
-- good or bad, sound or unsound -- and repression of political
liberty behind every state regulation of commercial exploitation
of human interest in sex."
B. The American people are too intelligent to fall for the "slippery
slope" scare tactics that would have you believe that a prohibition
against obscenity today will ultimately lead to a ban against
everything from the Sistine Chapel to a diaperless Donald Duck.
If you believe that, you would believe that a ban against playing
loud rock music at 3 a.m. in a residential area would lead to
a ban on the right of a symphony orchestra to perform in Carnegie
Hall.
C. The question, "What next?" should be asked in the context of
what next will happen if the obscenity laws are not enforced.
What happens when the dehumanizing, depraved materials are allowed
to spread with dazzling speed by means of high-tech advances?
What happens when virtually all moral restraint is gone, in significant
measure because of pornography?
D. Where do you draw the line? The U.S. Supreme Court, the U.S.
Congress, and most state legislatures and state supreme courts
have already drawn that line, and it has been repeatedly upheld
as constitutional. As former Chief Justice Earl Warren stated
in a 1964 obscenity case, Jacobellis v. Ohio: "No government ...
should be forced to choose between repressing all material, including
that within the realm of decency, and allowing unrestrained license
to publish any material, no matter how vile. There must be a rule
of reason in this as in other areas of law, and we have attempted
... to provide such a rule."
8. Bad speech should be fought with good speech rather than banned.
This may make good sense when the speech consists of ideas and
opinions that can be refuted by better ideas and opinions. For
example, the lie that pornography is harmless can be refuted by
reason and evidence. Pornography (like illegal drugs), however,
draws individuals into destructive addictions.
As the Supreme Court said in its 1973 Miller decision: "To equate
the free and robust exchange of ideas and political debate with
commercial exploitation of obscene material demeans the grand
conception of the First Amendment ... It is a 'misuse of the great
guarantees of free speech and free press' ... 'The protection
given speech and press was fashioned to assure unfettered interchange
of ideas for the bringing about of political and social changes
desired by the people' ... But the public portrayal of hard-core
sexual conduct for its own sake, and for the ensuing commercial
gain, is a different matter."
9. You can't enforce obscenity laws on the Internet.
The laws against obscenity apply even to the electronic transmission
of computer files. The medium is irrelevant. In 1996, the Court
of Appeals for the Sixth Circuit upheld the sentences of a California
couple who had been convicted on Federal obscenity charges in
U.S. District Court in Memphis, Tenn. The Court of Appeals rejected
defendants' argument that the materials should have been judged
by the community standards of California rather than Tennessee.
"Federal obscenity laws, by virtue of their inherent nexus to
interstate and foreign commerce, generally involve acts in more
than one jurisdiction or state. Furthermore, it is well established
that there is no constitutional impediment to the government's
power to prosecute pornography dealers in any district into which
the material is sent," the Court stated. (United States v. Thomas).
The U.S. Supreme Court refused to review the case.
In May 2002, the U.S. Supreme Court reversed the decision of the
Third Circuit Court of Appeals that invalidated the Child Online
Protection Act (COPA), which restricts children's access to obscene
for minors material on the World Wide Web. In their decision (Ashcroft
v. ACLU, No. 00-1293), five of the justices concluded that federal
obscenity laws were not unconstitutional as applied to the Internet
solely because obscenity laws require application of "community
standards."
Open Letter to Diane Sawyer of ABC's 'Prime Time Live' Regarding
'Young Women, Porn and Profits'
NEWS RELEASE from MORALITY IN MEDIA, Inc.
January 27, 2003
Ms. Diane Sawyer
ABC TV—Prime Time Live Thursday
147 Columbus Avenue, 10th floor
New York, NY 10023-5900
Dear Ms. Sawyer:
Thank you and the Prime Time Live Thursday team for helping to
dispel the myth that hardcore pornography is a “victimless crime.”
While Thursday’s Young Women, Porn and Profits: Corporate America’s
Secret Affair program focused on only one category of victim --
i.e., women who perform in hardcore pornography -- it validated
what those of us in the fight against hardcore pornography have
known for a long time: namely, that economic coercion, physical
and mental abuse, drug and alcohol abuse, and sexually transmitted
diseases (including AIDS), are all too common in the “adult entertainment”
industry.
Sexual harassment, stalking, violent crime, and suicide are other
problems -- as are ruined reputations. And, as the program made
clear, many female performers get into the sordid business of
hardcore pornography when they are 18 or 19 -- because most hardcore
porn addicts like their “girls” and “sluts” and “whores” young.
Perhaps (as the program implied), government regulation of the
“adult” entertainment industry would alleviate some of these problems.
But requiring hardcore pornography companies to treat performers
as employees (instead of independent contractors) and establishing
basic health regulations (e.g., use of condoms) will do little
if anything to alter the essential nature of the business: which
is to degrade one group of human beings in order to appeal to
base (and sick) sexual desires in other human beings.
I would add that to the extent government regulation were to succeed
in reducing the economic exploitation, physical and mental abuse,
and debasement of performers in California’s San Fernando Valley
(the porn capital of the world), many customers would go elsewhere
to gratify their perverse and violent sexual appetites.
On the other hand, if government were to give the hardcore porn
industry total freedom in regard to content, as long as it was
produced according to “regulations,” then government would be
facilitating the production of—and, through taxation, profiting
from—hardcore pornography that depicts bestiality, bondage, “domination”
(i.e., degradation and humiliation), gang bangs, “golden showers”
(urine), incest, marital infidelity, rape, prostitution, “rough
sex” (e.g., partial strangulation and slapping), “scat” (feces),
“school girls” (i.e., 18 year olds that look years younger), “she-males,”
spanking, teen promiscuity, torture and more.
I would also add that regulating the production of hardcore pornography
will do little if anything to protect other victims—which include
children who get their sex miseducation from hardcore pornography,
children sexually abused by perpetrators who use “adult” pornography
to desensitize and instruct their victims, adults and children
who get addicted to hardcore pornography, adults and children
who are sexually abused by users of hardcore pornography, and
persons who acquire STDs (including AIDS) as a result of promiscuous
sex in “adult businesses” that market hardcore porn.
Prime Time Live is also to be commended for taking on some of
America’s “most glittering corporate establishments” (General
Motors, Time Warner, Comcast, Marriott, Hilton, etc.) for profiting
from the distribution of hardcore pornography. I would warn you
in advance, however, that your appeals to corporate conscience
will likely fall on deaf ears (or seared consciences). Only two
things will convince these businesses to drop the porn: loss of
profits as a result of boycotts or declining demand—or loss of
both profits and personal freedom as a result of enforcement of
criminal laws.
Which brings me to an important point. The production and distribution
of hardcore pornography is not “perfectly legal” as you stated
during the program. Perhaps, if your researchers had spoken with
(and perhaps interviewed) a representative of an organization
opposed to the production of hardcore pornography on both moral
and legal grounds, you would have been better informed. There
are federal, state and local obscenity laws that can and should
be enforced against hardcore pornography.
In its landmark obscenity case, Miller v. California (1973), the
Supreme Court stated a number of things that I think you would
find of interest, including:
“This much has been categorically settled by the Court that obscene
material is unprotected by the First Amendment…But today…a majority
of this Court has agreed on concrete guidelines to isolate ‘hard-core’
pornography from expression protected by the First Amendment.”
The Court has also said that availability of hardcore pornography
is not the same thing as community acceptance of it. Undoubtedly,
there is a large market for hardcore pornography -- just as there
is a large market for hardcore drugs -- but that doesn’t equate
to the disappearance of community standards. Prosecutors who told
you that nonsense either do not know the law or their community.
And lastly, ABC TV gets at least a few points for airing the program
after 10 p.m. At least some of the extensive footage from hardcore
porn films arguably violated the broadcast indecency law -- which
the FCC is supposed to enforce at least between the hours of 6
a.m. and 10 p.m. In addition to concerns about children, the footage
was also highly offensive to many adults.
I would add that despite your worthy intentions, many viewers
(especially males, young and old) undoubtedly found much of the
pornographic content all too appealing.
Sincerely,
Robert W. Peters
President
CoolE
writes on GFY: I think the real risk for TGP owners and those
who host galleries is of prosecution for serving "material harmful
to minors" and conspiracy to do such - not obscenity.
Every 15 year old boy knows his best chance to see free hardcore
porn is on a TGP. No warning pages. Massive numbers of links to
hardcore porn.
The hosted galleries craze makes it even easier to prosecute for
conspiracy.
I see a lot of these new small and medium-sized sponsor programs
taking risks that the big sponsors have historically not taken,
such as distributing free hardcore material to their affiliates
for use on galleries, and/or hosting hardcore galleries for their
affiliates. This is insane in my opinion. This is tantamount to
a conspiracy to distribute material that can be "harmful to minors"
to an area that minors can and do often go. And affiliates need
to ask themselves, just because my sponsor is hosting the gallery,
and just because they are willing to take this risk, does this
mean there is no risk to me? The answer is no, because of the
US consipracy laws.
It's "material harmful to minors" and conspiracy laws that TGPs
owners and gallery hosts have to be very worried about, IMHO.
Historically, prosecutions happen when people go to far, when
they make it easy for the authorities to "crack down" - the hosted
hardcore galleries craze may be the trigger.
All hardcore outside of an AVS/CC screen and links to such are
risky and always have been. Just because "everyone is doing it"
doesn't decrease the risk - in this case it might increase the
risk of a "crack down".
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