[Congressional Record Volume 149, Number 153 (Tuesday, October 28, 2003)]
[Senate]
[Page S13409]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   SENATE CONCURRENT RESOLUTION 77--EXPRESSING THE SENSE OF CONGRESS 
     SUPPORTING VIGOROUS ENFORCEMENT OF THE FEDERAL OBSCENITY LAWS

  Mr. SESSIONS submitted the following concurrent resolution; which was 
referred to the Committee on the Judiciary:

                            S. Con. Res. 77

       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.

                          ____________________