Brownback Fingers Entire Adult Industry, Not Just the Extreme

CHATSWORTH, Calif. – Immediately following yesterday's "Obscenity Prosecution and the Constitution," hearing in Washington, D.C. chaired by Sen. Sam Brownback (R-Kan.), the Free Speech Coalition put out the call that Brownback is actively urging lawmakers to draft new obscenity legislation and to start prosecuting the entire adult industry on a broader level.

"What he and his conservative supporters are trying to do is create a congressional record that will demonstrate there is a compelling reason to abridge the free speech rights of adults in the United States," Michelle Freridge, executive director for the FSC, told XBiz. "But you can't take away those types of constitutional rights without a really strong reason."

The hearing, which comes on the heels of another Brownback hearing on porn addiction, featured three conservative panelists with strong leanings toward pro-censorship and a clearer delineation between protections provided by the First Amendment and the pursuit and prosecution of commercially "obscene" materials, making particular reference to the recent 10-count indictment dismissal against Extreme Associates owner Robert Zacari.

Brownback also urged the Justice Department to bring obscenity prosecutions anywhere in the country, not just in conservative states, and to target not just the most explicit material like that of Zacari's, but also more mainstream content produced by the major studios.

According to Freridge, one of the panelists, Dr. Frederick Schauer of Harvard, demonstrated a better understanding of the history and application of obscenity law than the other two panelists, Patrick Trueman of the Family Research Council and Robert Destro of Catholic University.

Schauer suggested that current obscenity law is effective and should not be changed, and he argued that underlying criminal activities such as kidnapping, child pornography and sex trafficking should be prosecuted as criminal activities rather than attacking obscenity based on a product created during the activity. Schauer also said that the best way to regulate sexually explicit speech would be to treat it as an industry and focus on commerce laws.

While adult industry representatives were not invited to participate in the hearing, the FSC, along with industry attorney Lawrence G. Walters, have submitted written testimony that will be entered into the congressional record, which will later be referenced if new obscenity legislation is drafted.

According to Freridge, there were numerous inaccuracies noted in the hearing, in particular the repeated misuse of terms such as “pornography.”

"Both the Chair and witnesses inaccurately used the words 'pornography' and 'prostitution' almost interchangeably while talking about the evils of sex trafficking," Freridge said. "Another described obscenity law as 'a mess' that 'couldn’t do much' to regulate the industry."

Freridge said that Brownback's next expected action will be either to schedule another hearing or he will begin drafting legislation, which she thinks will be a tough fight, even for Brownback and his strong conservative backing.

"Case law had defined obscenity for quite some time and the three-prong test, or community standard, has been the standard as determined by the Supreme Court," Freridge told XBiz. "For Brownback to start with new legislation, he is going have to find something that is logical and more effective to convince other lawmakers to get it passed."

Freridge added that the FSC has been in the process of identifying and interviewing lobbyists in Washington and that an announcement should be expected in the coming weeks.

"We will continue to work to present our perspective in Washington so that lawmakers can fully evaluate all sides of the issues that affect the adult entertainment industry,” Freridge said.

Copyright © 2024 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

Age Verification: FSC's Mike Stabile Reports from the Frontlines

Two years into the religiously-inspired crusade to ban free access to adult material in the U.S. through carefully drafted "age verification" legislation, the constant onslaught of state-by-state proposals and laws — many of them copied from each other — can be hard to follow.

Written Erotica Platform 'Hevvn' Launches

Hevvn, a new platform aimed at erotica writers seeking to publish, promote and profit from their work, debuted Thursday.

Sssh.com's Angie Rowntree Speaks at Brown University

Sssh.com founder Angie Rowntree spoke at a Brown University class last week, discussing several topics related to adult filmmaking.

Bella Rolland Toplines 'The Sex Impulse' From Sweet Sinner

Bella Rolland headlines "The Sex Impulse," the latest release from Mile High Media studio brand Sweet Sinner.

Online Industry Veteran Joe E. Passes Away

Online industry veteran Joe E has passed away, according to friends and industry associates.

Judge Acquits Backpage Defendants of Most Charges Before 2nd Retrial

A federal judge acquitted former co-owner of Backpage.com Michael Lacey and two co-defendants on most of the counts remaining from the protracted trial launched against the website operators by the Justice Department in 2018.

Adult Time Partners With Animation Studio 3DGspot

Adult Time has signed a deal to distribute content on its streaming platform from animation studio 3DGspot.

Georgia Gov. Brian Kemp Signs Age Verification Bill Into Law

Republican Gov. Brian Kemp this week signed into law a bill that includes provisions requiring age verification for viewing adult content in Georgia, mirroring legislation being sponsored around the country by anti-porn religious conservative activists.

AEBN Publishes Popular Searches by Country for February, March

AEBN has released the popular searches from its straight and gay theaters in more than three dozen countries during February and March.

Willow Ryder, Angelina Diamanti Topline 'Lesbian Neighbor Affairs'

Willow Ryder and Angelina Diamanti headline "Lesbian Neighbor Affairs," from Girlfriends Films.

Show More