Mukasey Says He’ll ‘Review’ DOJ Obscenity Enforcement

WASHINGTON — During recent Senate confirmation hearings for Michael Mukasey, President George W. Bush’s nominee to fill the vacant U.S. Attorney General position, Mukasey said that if he is confirmed, he will reevaluate the Justice Department’s obscenity law enforcement strategy.

Senator Orrin Hatch, R-UT, raised the topic of adult entertainment, asserting that the Justice Department has in recent years compiled a “terrible record enforcing adult obscenity law.” Saying that “pornography and obscenity consumption harms individuals, families [and] communities,” Hatch asserted that the Justice Department in recent years had prosecuted “too narrow a range of obscenity.”

In his response, Mukasey appeared to agree with Hatch’s assessment, saying “I recognize that mainstream materials can have an effect of cheapening a society, objectifying women, and endangering children in a way that we can’t tolerate,” and promised to review the Justice Department’s current policy of prosecuting only “extreme” materials.

Asked for his reaction to Mukasey’s statement, Jeffrey Douglas, chairman of the Free Speech Coalition, told XBIZ that he was not worried that a major shift in obscenity prosecution strategy would take place at the Justice Department if Mukasey is confirmed.

“Frankly, that concerns me not one little bit,” Douglas said. “For any candidate looking to fill that position [Attorney General], this would be a typical response. Janet Reno might have said something very similar — it doesn’t mean that they have any intention of actually changing their prosecutorial strategy.”

Douglas noted that in the recent Five Star/JM Productions obscenity case, the jury ultimately convicted on only a single DVD out of the four in the indictment, even though much of the evidence showing that similar materials frequently were consumed in the relevant community was disallowed.

“When juries already are refusing to convict on material that can be described as ‘extreme,’ it seems naïve to believe that a future jury would turn around and convict on standard, run-of-the-mill hardcore,” Douglas said.

Related:  

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

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.

Angela White Leads Latest From Brazzers

Multi-XMAs winner Angela White stars with Victor Ray in the latest release from Brazzers, titled "BuZZed and Boned."

Ariel Demure, Lulu Chu Star in New Transfixed Release

Reigning and two-time XMAs Trans Performer of the Year Ariel Demure stars with Lulu Chu in the latest release from Transfixed, titled "A Matter of Principal."

Show More