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U.S. Justice Department's Record of Enforcing Obscenity Laws May be Disappointing, but Latest Obscenity Prosecution Success Proves Again That Most Adults do not Accept the Proliferation of Obscenity

Contact: Robert Peters, President, Morality in Media, 212-870-3210



NEW YORK, June 6 /Christian Newswire/ -- Yesterday, a federal District Court jury in Tampa, Florida convicted "Max Hardcore," a California based pornographer, of 10 counts of distributing obscene materials. And, as St. Petersburg Times staff writer Abbie VanSickle observed in a May 31 article: "In terms of finding a conservative community sympathetic to prosecutors," Tampa was not "an obvious choice" because of the area's ties to adult entertainment. MIM President Robert Peters had the following comments:



"It is unfortunate that during the past seven years much more hasn't been done at the Federal level to curb distribution of obscene materials. Contrary to propaganda promoted by the pornographers and their allies in the press, obscenity crimes are not 'victimless.' Among other things, the explosion of obscenity has ruined marriages, morally corrupted children and contributed to sex crimes against both children and adults. It has also undermined the right of all Americans to live in a decent society.

"But unlike the Clinton Administration, the Bush Administration has enforced obscenity laws against a growing number of commercial distributors of obscene materials. Yesterday's victory was the second jury conviction that the Justice Department has won against a California based hardcore pornographer in the past eight months. California is still the "porn capital" of the world.

"Those who defend hardcore pornography, whether in court or in the court of public opinion, point to the proliferation of this material as 'proof' that everyone is viewing it or that people think it is acceptable. The porn defenders overlook a number of factors including the fact that much if not most pornography is consumed by a relatively small percentage of individuals of all ages who are hooked on it. Furthermore, just because a person, whether by mistake or deception or out of curiosity or at a weak moment, views pornography does not mean he or she approves of it.

"In Hamling v. United States, the Supreme Court also recognized that the mere fact that hardcore pornographic materials are available in the nation or in a community does not "make them witnesses of virtue" or prove that similar materials at issue in a criminal obscenity trial are acceptable under community standards and therefore legal to disseminate.

"In 1997, 2002, 2004, 2005 and 2008, Morality in Media commissioned a national market research firm to ask various questions about enforcement of federal obscenity laws. Depending on the question asked, the percentages of adults (18 and over) that expressed support for enforcement of these laws ranged from 75% to 82%. The 2008 opinion poll question was worded as follows:

"'During the past 15 years, hardcore pornographic materials have proliferated in the form of videotapes and DVDs sold in sexually oriented and mainstream video stores, films distributed on cable, satellite and hotel TV systems, and still pictures and video disseminated on the Internet. Were the next president to do all in his or constitutional power to ensure that federal obscenity laws are enforced vigorously against commercial distributors of hardcore pornography, would you support or oppose the President in this matter? Would you be strongly (support/oppose) or just somewhat (support/oppose)?'"

In response to this question, 75% said they would support the President; 19% said they would oppose.



In 2006, MIM also commissioned the same firm to ask this question: "Do you consider it to be morally acceptable to view pornographic websites and videos?" In response, 21% said, "Yes;" 73% said, "No."

"According to U.S. Census Bureau estimates for 2006, about 225 million Americans were 18 and older; which means that in 2006 about 45 million adults thought it was OK to look at porn. So it should come as no surprise that so much pornography is now consumed in the United States.

"But if the 2006 opinion poll results were a reasonably accurate reflection of how adult Americans think, about 180 million adults didn’t think looking at porn was acceptable. So it should come as no surprise that juries will convict obscenity distributors, when given opportunity to do so.

"Unquestionably, the material at issue in the Tampa trial was somewhat 'extreme,' but today, most hardcore pornography is either degrading to women, violent or just plain sick."

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To: U. S. Attorney_______________________________

_______________________________________________

_______________________________________________

_______________________________________________


From:__________________________________________

_______________________________________________

_______________________________________________

(Telephone)_____________________________________

Federal obscenity laws apply in every state and make it a crime to (among other things):

* Mail or import obscene matter (18 USC 1461, 1462)
* Use a common carrier or an interactive computer service to transport obscene matter in interstate or foreign commerce (1462)
* Transport in interstate or foreign commerce obscene matter for the purpose of sale or distribution (1465)
* Use a facility or means of interstate or foreign commerce (or an interactive computer service in or affecting such commerce) for the purpose of selling or distributing obscene matter (1465)
* Distribute (wholesale or retail) obscene matter that has already been shipped or transported in interstate or foreign commerce (18 USC 1466)
* Transmit obscene matter by means of broadcast, cable, or satellite TV (18 USC 1464, 1468)
* Transmit obscene telephone communications for commercial purposes (47 USC 223)

I wish to complain about a possible violation of the Federal obscenity law. I ask that you investigate and, if you find probable cause, that you initiate the steps necessary to institute criminal or other appropriate legal proceedings against the individuals or businesses responsible.

I Am Complaining About:

* ____Mail porn (includes ads)
* ____Retail porn ("adult" book or video store or mainstream outlet)
* ____Computer porn (including Web sites)
* ____Dial-a-porn
* ____Cable/satellite TV porn
* ____Other: _______________________________

Name/address of business providing the material (if web site, give Web address [URL]; if telephone, the number including area code; if TV, the business and channel number):


Description of matter (film, video, DVD, live interactive video, magazine, photograph or computer generated image, audio message, paperback book, etc.) and title (if known):


Which Depicts or Describes Hard Core Sexual Conduct:

* ____Sexual Intercourse
* ____Sadomasochism
* ____Sodomy
* ____Masturbation
* ____Sexual Bestiality
* ____Excretory Functions
* ____Fellatio
* ____Cunnilingus
* ____Lewd Exhibition of the Genitals
* ____Other _____________________________

And in My Opinion the Depiction or Description:

1. Would, taken as a whole, probably be found by the average person applying contemporary community standards to appeal to the prurient interest in sex; and
2. Would probably be found, when applying contemporary community standards, to depict or describe such hardcore sexual conduct in a patently offensive manner; and
3. Would, taken as a whole, probably be found by a reasonable person to lack serious literary, artistic, political, and scientific value.

Please acknowledge receipt of this complaint.[/quote

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Who are you to tell me what I can see or read? You are imposing your morality on me!

ANSWER:

1. I am not telling you what to see or to read. The people, through their elected representatives in Washington, D.C. and in over 40 state capitals, have decided that obscene materials cannot be distributed in interstate commerce or in their states. The people, with the approval of the courts, have decided to protect themselves, their families, and their communities from the harms associated with hard-core obscene pornography.

2. . Pornography now invades the home in the form of dial-a-porn, cable porn, video porn, computer porn, radio porn, satellite-to-dish porn, and rock music porn. The reality is that the sex business is trying to impose its libertine immorality on an entire nation by appealing to the worst in individuals and by preying on an entire generation of children.

3. . In any society, someone's morality (or immorality) must prevail. The real question becomes, "Whose will prevail in America?" The pornographer's, leading to anarchy and decadence? Or the moral principles of those who honor the Judeo-Christian code -- a code which has been embraced, not imposed, as the cornerstone of Western civilization.

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2. . Pornography now invades the home in the form of dial-a-porn, cable porn, video porn, computer porn, radio porn, satellite-to-dish porn, and rock music porn.

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these religious zelots have no problem promoting freedom of individuality and expression, as long as it's thier expressions!

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these religious zelots have no problem promoting freedom of individuality and expression, as long as it's thier expressions!

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This is no different than any other special interest group. The left is just as bad. PETA wants to control what you put on your dinner plate and on your clothes hangers. Ask Don Imus how much Al Sharpton supports freedom of expression that does not match his views. This religous right doesn't act like this because it is religious or because it is right (meaning their political view not correct or properness). They act like this because they are a special interest group. They wouldn't be a special interest group if they didn't think their interest was special.

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Ask Don Imus how much Al Sharpton supports freedom of expression that does not match his views.

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The Rev. Al Sharpton threatened Sunday to disrupt baseball's historic All-Star Game at Yankee Stadium next month unless the state passes new laws to curb police misconduct.


A month after protesters blocked bridges and tunnels during rush hour, Sharpton said he wants to bring the outrage over the Sean Bell shooting to the national stage July 15 by targeting the midsummer classic.

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