IV
107TH CONGRESS
2D SESSION
H. CON. RES. 445
Expressing the sense of Congress supporting vigorous enforcement of the
Federal obscenity laws.
IN THE HOUSE OF REPRESENTATIVES
JULY 23, 2002
Mr. SMITH of Texas (for himself, Mr. HOSTETTLER, Mr. PITTS, Mr. PENCE,
Mr. GREEN of Wisconsin, Mr. PHELPS, Mr. TERRY, Mr. OSBORNE, Mr.
ENGLISH, Mr. WELDON
of Florida, Mr. RYUN
of Kansas, Mr.
ADERHOLT, Mr. SCHAFFER, Mr. SULLIVAN, Mr. STEARNS, Mr. AKIN,
and Mr. PICKERING) submitted the following concurrent resolution; which
was referred to the Committee on the Judiciary, and in addition to the
Committee on Energy and Commerce, for a period to be subsequently de-
termined 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 obscen-
ity laws can be enforced against ‘‘ ‘hard core’ pornog-
raphy’’ (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 445 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 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);
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-
•HCON 445 IH
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 report from the National Academies’ Na-
tional Research Council stated that ‘‘aggressive enforce-
ment of existing antiobscenity laws can help reduce chil-
dren’s access to certain kinds of sexually explicit material
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-
eral obscenity laws should be vigorously enforced through-
out the United States.
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