[Congressional Record (Bound Edition), Volume 153 (2007), Part 20]
[Extensions of Remarks]
[Pages 27732-27733]
[From the U.S. Government Publishing Office, www.gpo.gov]




              INTRODUCTION OF THE PARENTS' EMPOWERMENT ACT

                                 ______
                                 

                           HON. DUNCAN HUNTER

                             of california

                    in the house of representatives

                       Thursday, October 18, 2007

  Mr. HUNTER. Madam Speaker, today I am reintroducing a bill that is of 
extreme importance to our nation's parents and the future protection of 
their children: the Parents' Empowerment Act. As we all know, millions 
of children access the Internet and other interactive entertainment 
products each and every day. As this number increases, more and more of 
our nation's children are unexpectedly and tragically exposed to 
pornography and other indecent material. According to a study by 
Grunwald and Associates, 25 percent of American children have had at 
least one unwanted experience with on-line pornography. The Department 
of Justice, until the past few years, has not been prosecuting 
obscenity and child pornography cases.
  The Parents' Empowerment Act is very simple. It allows the parent or 
legal guardian of a minor to sue, in a district court, any person who 
knowingly sells or distributes a product that contains material that is 
harmful to minors that:
  I . A reasonable person would expect a substantial number of minors 
be exposed to the material and;
  2. As a result of exposure to such material, the minor in question 
suffers personal injury, or injury to their mental or moral welfare.
  If the minor is the prevailing party, they will be awarded a minimum 
of $10,000 for each instance of damaging material. In addition, the 
court can order the minor's attorney fees to be covered and punitive 
damages to be awarded.
  This bill establishes a new and appropriate test for what is obscene 
for a minor. Currently, the United States Supreme Court utilizes the 
``Miller Test'' to determine if material can be labeled obscene and not 
protected by the First Amendment. The Parents' Empowerment Act builds 
upon the same test, but, in the case of minors, modifies the ``third 
prong'' of the test by requiring any material to ``lack serious 
literary, artistic, political and scientific value for minors 
sufficient to overcome the pernicious effect of that material.'' In 
other words, what is obscene for an adult is entirely different than 
what should be considered obscene for a minor and, as a result, should 
be treated as such.
  Madam Speaker, this legislation is a step in the right direction in 
providing parents with the resources they need for what is their number 
one priority, protecting their kids. I am proud to once again introduce 
the Parents' Empowerment Act and request my colleagues give this 
important legislation their utmost consideration.

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