A concurrent resolution expressing the sense of Congress supporting vigorous enforcement of the Federal obscenity laws.

        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. Con. Res. 77 Referred in House (RFH)]

1st Session
S. CON. RES. 77

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

November 25, 2003

Referred to the Committee on the Judiciary, and in addition to the
Committee on Energy and Commerce, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

CONCURRENT RESOLUTION

Expressing the sense of Congress supporting vigorous enforcement of the
Federal obscenity laws.

Whereas the Supreme Court in Miller v. California, 413 U.S. 15 (1973) held that
obscene material is ``unprotected by the first amendment'' (413 U.S. at
23) and that obscenity laws can be enforced against ```hard core'
pornography'' (413 U.S. at 28);
Whereas the Miller Court stated that ``to equate the free and robust exchange of
ideas and political debate with commercial exploitation of obscene
material demeans the grand conception of the first amendment and its
high purposes in the historic struggle for freedom.'' (413 U.S. at 34);
Whereas the Supreme Court in Paris Adult Theatre I v. Slaton, 413 U.S. 49 (1973)
recognized that there are legitimate governmental interests at stake in
stemming the tide of obscene materials, which include--

(1) protecting ``the quality of life and total community environment''
(413 U.S. at 58);

(2) protecting ``public safety'' (413 U.S. at 58);

(3) maintaining ``a decent society'' (413 U.S. at 59-60);

(4) protecting ``the social interest in order and morality'' (413 U.S.
at 61); and

(5) protecting ``family life'' (413 U.S. at 63);

Whereas Congress, in an effort to protect these same legitimate governmental
interests, enacted legislation in 1988 to strengthen federal obscenity
laws and in 1996 to clarify that use of an interactive computer service
to transport obscene materials in or affecting interstate or foreign
commerce is prohibited;
Whereas the 1986 Final Report of the Attorney General's Commission on
Pornography found that ``increasingly, the most prevalent forms of
pornography'' fit the description of ``sexually violent material'' (p.
323) and that ``an enormous amount of the most sexually explicit
material available'' can be categorized as ``degrading'' to people,
``most often women'' (p. 331);
Whereas the Internet has become a conduit for hardcore pornography that now
reaches directly into tens of millions of American homes, where even
small children can be exposed to Internet obscenity and older children
can easily find it;
Whereas a national opinion poll conducted in March 2002 by Wirthlin Worldwide
marketing research company found that 81 percent of adult Americans say
that ``Federal laws against Internet obscenity should be vigorously
enforced'';
Whereas a May 2 report from the National Academies' National Research Council
stated that ``aggressive enforcement of existing antiobscenity laws can
help reduce children's access to certain kinds of sexually explicit
material on the Internet'';
Whereas vigorous enforcement of obscenity laws can help reduce the amount of
``virtual child pornography'' now readily available to sexual predators;
and
Whereas it continues to be the desire of the People of the United States of
America and their representatives in Congress to recognize and protect
the governmental interests recognized as legitimate by the United States
Supreme Court in Paris Adult Theatre I v. Slaton, 413 U.S. 49 (1973):
Now, therefore be it
Resolved by the Senate (the House of Representatives concurring),
That it is the sense of Congress that the Federal obscenity laws should
be vigorously enforced throughout the United States.

Passed the Senate November 22, 2003.

Attest:

EMILY J. REYNOLDS,

Secretary.