The Catholic times. [volume] (Columbus, Ohio) 1951-current, 1959-01-30
JOSEPH BREIG-
No Plea

"Heneeforth in This community no one can
plead ignorance that such publications are indecent
and inmodesf and cannot be possessed without vio-
latine the law"
The person speaking was Judge John w. Keefe
of Cincinnati. He had just sentenced the city's major
magazine distributor to three months in the work
house, plus $500 fine, plus costs.
Judge keefe suspended the workhouse sentence
on condition that the defendant not violate Cincin-
MATHS decency law within three years.
It seemed a safe guess that he wouldn't. Since
his conviction, he had cooperated completely with
police in eliminating indecent publications from cir
~culation.
Only. IA magazines had been used as evidence
against him in his trial; but he struck Is from his
list and served notice that he would not distribute
them in the future.
THIS UNUSUAL SITUATION can be understood
only in the light of the activities of Charles H. Keat.
ing, a young Cincinnati attorney.
You will remember-or perhaps you Wont-that
a few years ago the US. Supreme Court handed down
definition of obscenity for the guidance of courts
and lawmakers throughout the nation.
The problem which the court attacked can be
simply stated; but it was not a simple problem.
A law, in order to be constitutional, must be
clear and definite. Judges, juries and defendants must
be able to determine what is forbidden.
The Supreme Court had overthrown a number of
obScenity convictions because of vagueneSS in laws
and in the general understanding of what constituted
illegal indecency.
The court, therefore, issued a definition.
"Obscene material is material which deals with
sex in a manner appealing to pur1ent interest" The
lCSL u IIlCSdl OOoSCiuty ID.
Whether TO the average person, applying corr
temporary community standards, the dominent theme
Of the material, taken as . whole, appeals TO pru-
RENT interest"
Not long after that definition was handed down,
Heating organized Citizens for Decent Literature.
He emphasized that pornography is a problem
for all citizens, not merely for those of one group,
or of this or that religious denomination. r
Obscenity, he said, menaces the whole of society;
and all who care about the survival of the nation
and indeed of civilization-should be concerned about
Therefore, Citizens for Decent Literature is all
organization embracing a broad representation of
civic, business, religious, educational, labor and other
leadership. ri
Heating and his associates in the founders group,
the Cincinnati CDL, came up with a three-pont basic
program.
/. Through qualified speakers and publicity, the
people must be awakened to the menace of pornog-
2. The public is asked to urge public officials,
in respectful and kind letters, to stamp out obscene
publications.
3. Judges must be informed, by letters, reports
and resolutions, that contemporary community
standards are outraged by indecency.
Because of the work of Heating and his CDL-
which now has become a national organization-the
public understood what Judge Keefe meant when he
said in the case of the Cincinnati magazine distribu-
tor: E
"Heneeforth in this community no one can plead
ignorance that such publications are indecent and
immodest and cannot be possessed without violating
the law"
AS Heating explained, 1T is our purpose-and
| hope it becomes yours to patiently and thorough
ly build up In the courts of this nation their recog-
milton of pornography as a major crime"
This is good citizenship. This is admirable use
of freedom and civic rights. In no sense is it censor
ship; it is democracy acting through representative
government; it is the people protecting themselves
and their children against a grave danger.
The national headquarters address of Citizens
for Decent Literature is 1901 Carew Tower, Cincin.
natl 2. Ohio.