Obscenity Hearing In Washington, DC
         As Seen In The Free Speech Coalition's Newsletter

The Senate Judiciary Committee’s Subcommittee on the Constitution, Civil Rights and Property Rights recently conducted an abbreviated hearing where Senator Sam Brownback (R-KS) presided and was the only senator participating other than Russ Feingold, (D-WI) the ranking Democrat on the subcommittee, who joined the meeting briefly.

Senator Brownback has expressed strong opinions about the adult entertainment industry and in particular has stated outrage over the recent decision by federal District Court Judge Lancaster in dismissing charges in the Extreme Associates obscenity case. This subcommittee meeting, in which no bill was under consideration a fact which could help explain the brevity of the meeting and why the members of the subcommittee did not participate was rather transparently a forum for Brownback to stir up interest in his cause.

Those testifying included Patrick Trueman, the former head of the Justice Department’s Child Exploitation and Obscenity unit under Presidents Reagan and Bush; Robert Destro, a law professor at Catholic University known for conservative positions on culture war issues such as same sex marriage; and Frederick Schauer, a law professor invited to testify by Senator Feingold. Schauer contributed substantially to the Meese Commission Report on Pornography in the eighties, by some accounts taking a more moderate position than some of the other commissioners. The invited testimony was brief and the opinions expressed widely divergent with little time for clarification. This format provided little substance but served as a backdrop for Brownback to express senatorial alarm over a variety of issues involving adult entertainment. Brownback cited, for example, the trafficking of women into sexual slavery, which was reported in the Los Angeles Times in March (although not in connection with the adult entertainment industry).

“We’re seeing people trafficked into the pornography industry,” said Brownback. On this and on other matters Senator Brownback appears obviously misinformed about the nature of the industry and clearly could benefit from some accurate information. After learning that the hearing was scheduled, FSC (Free Speech Coalition) offered but was denied the opportunity to provide a live witness for the subcommittee, although FSC was allowed to submit written testimony.





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