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

Sky Wonderland, Melody Marks Front Latest From Blacked Raw

Sky Wonderland and Melody Marks star with Sheem in the latest release from studio imprint Blacked Raw.

2026 XBIZ LA Conference Schedule Announced

XBIZ is pleased to announce the release of the full show schedule for the XBIZ 2026 conference, set to take place Jan. 12-15 at the Kimpton Everly Hotel in Hollywood.

Needemand Joins ASACP as Corporate Sponsor

French startup company Needemand has signed on as the latest corporate sponsor for Association of Sites Advocating Child Protection (ASACP).

Grooby Kicks Off 30th Anniversary With Aubrey Kate Return

Two-time XMAs Trans Performer of the Year Aubrey Kate returns to Grooby for the first time since 2017, starring alongside Chris Epic to mark the commencement of the studio’s 30th anniversary year.

Octavia Red Stars in 'No Need for Men' From Futanari XXX

Octavia Red stars with Ava Amira in “No Need for Men Pt. 1,” from Futanari XXX, directed by studio honcho Romero.

Sofie Marie Fronts Latest From MYLF

Sofie Marie stars with Gunnar Bishop in the latest release from MYLF.

Penny Barber Stars in Latest Episode of 'Mommy's Boy'

Reigning XMAs MILF Performer of the Year Penny Barber stars with Emma Rosie and Axel Haze in the latest episode of Adult Time series “Mommy’s Boy,” titled “A Family That Nudes Together, Stays Together.”

Utah State Legislator Proposes New 'Porn Tax'

A Utah state senator introduced a bill on Monday that would impose a 7% tax on the gross receipts of adult websites doing business in that state, plus require adult sites to pay an annual $500 fee.

'Fan Fav' XMA Award Categories to Be Presented at X3 Expo

In a move sure to electrify fans and creators alike, fan passion will take center stage Saturday, Jan. 17, when the winners of the 2026 XMA Fan Favorite categories are revealed, transforming the closing night of X3 Expo into the event’s most buzzworthy moment.

Sophia Locke, Max Fills Star in Latest From New Sensations

Sophia Locke and multi-XMAs winner Max Fills star in the latest release from New Sensations.

Show More