IV 
109TH CONGRESS 
1ST SESSION 
H. CON. RES. 52 
Expressing the sense of Congress supporting vigorous enforcement of the 
Federal obscenity laws. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 9, 2005 
Mr. SULLIVAN (for himself, Mr. HOSTETTLER, Mr. MILLER of Florida, Mr. 
PITTS, Mr. GARRETT of New Jersey, Mr. AKIN, Mr. PICKERING, Mr. 
SHIMKUS, Mr. BARTLETT of Maryland, Mr. FRANKS of Arizona, Mr. 
ADERHOLT, Mr. TERRY, Mr. WOLF, and Mr. GINGREY) submitted the 
following concurrent resolution; which was referred to the Committee on 
the Judiciary, and in addition to the Committee on Energy and Com-
merce, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion 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 obscen-
ity laws can be enforced against ‘‘hardcore 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 com-
mercial exploitation of obscene material demeans the
•HCON 52 IH 
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 le-
gitimate governmental interests at stake in stemming the 
tide of obscene materials, which include— 
(1) protecting ‘‘the quality of life and total commu-
nity 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 mo-
rality’’ (413 U.S. at 61); and 
(5) protecting ‘‘family life’’ (413 U.S. at 63); 
Whereas Congress, in an effort to protect these same legiti-
mate governmental interests, enacted legislation in 1988 
to strengthen Federal obscenity laws and in 1996 to clar-
ify that use of an interactive computer service to trans-
port obscene materials in or affecting interstate or for-
eign commerce is prohibited; 
Whereas Congress acknowledges the recent efforts of the De-
partment of Justice in bringing indictments and securing 
prosecutions against purveyors of obscenity in a number 
of Federal jurisdictions; 
Whereas the 1986 Final Report of the Attorney General’s 
Commission on Pornography found that ‘‘increasingly, 
the most prevalent forms of pornography’’ fit the descrip-
tion 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);
•HCON 52 IH 
Whereas the Internet has become a conduit for hardcore por-
nography that now reaches directly into tens of millions 
of American homes, where even small children can be ex-
posed 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 en-
forced’’; 
Whereas a May 2, 2002, report from the National Academies’ 
National Research Council stated that ‘‘aggressive en-
forcement of existing antiobscenity laws can help reduce 
children’s access to certain kinds of sexually explicit ma-
terial on the Internet’’; 
Whereas on April 16, 2002, the United States Supreme 
Court in Ashcroft v. Free Speech Coalition invalidated a 
Federal law aimed at ‘‘virtual child pornography’’; 
Whereas vigorous enforcement of obscenity laws can help re-
duce 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 in-
terests recognized as legitimate by the United States Su-
preme Court in Paris Adult Theatre I v. Slaton, 413 
U.S. 49 (1973): Now, therefore, be it 
Resolved by the House of Representatives (the Senate 
concurring), That it is the sense of Congress that the Fed-
•HCON 52 IH 
eral obscenity laws should be vigorously enforced through-
out the United States. 
Æ