Navy bans racy materials as Pentagon under increasing pressure to crack down on porn

    AL.com: According to a June 13 memo, Navy Secretary Ray Mabus has ordered the Under Secretary of the Navy, Chief of Naval Operations and Commandant of the Marine Corps to conduct an inspection of all Navy workplaces to “ensure they are free from materials that create a degrading, hostile, or offensive work environment.” . . . Morality in Media, a faith-based group dedicated to raising awareness on the harmful impacts of pornography, named the Department of Defense to its “Dirty Dozen” list, for what it says is the military’s “serious pornography problem.”


  • Posted: 06/17/2013
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  • Category: Miscellaneous
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  • Source: blog.al.com

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FCC mulls relaxing rules on indecency, obscenity

Morality in Media names Holder top ‘pornography facilitator’

“Ira Isaacs Sentenced to 48 Months in Prison in Los Angeles Adult Obscenity Case”

Louisiana: Denham Springs approves new obscenity ordinance

Eugene Volokh critiques GOP platform on pornography prosecutions

    Eugene Volokh at the Volokh Conspiracy: In principle, the government might well be able to prosecute many American pornography producers and distributors under current obscenity laws. But even if every single U.S. producer is shut down, wouldn’t foreign sites happily take up the slack? It’s not like Americans have some great irreproducible national skills in smut-making, or like it takes a $100 million Hollywood budget to make a porn movie. Foreign porn will doubtless be quite an adequate substitute for the U.S. market


  • Posted: 09/04/2012
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  • Category: Miscellaneous
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  • Source: www.volokh.com

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Group believes Romney administration should prosecute pay-per-view porn

    The Hill: Morality in Media (MIM), a non-profit that states its mission is to curb obscenity and “uphold standards of decency in media,” applauded the GOP’s pledge to clamp down on pornography in the platform that was approved at the party’s convention this past week in Tampa, Fla. “Current laws on all forms of pornography and obscenity need to be vigorously enforced,” the platform said under a plank titled “Making the Internet Family Friendly.” Patrick Trueman, president of Morality in Media, welcomed the adoption of that line in the platform, which added on to wording in previous versions that was limited to voicing opposition to child pornography.


  • Posted: 09/04/2012
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  • Category: Miscellaneous
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  • Source: thehill.com

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7th Circuit: Embedded web videos don’t necessarily infringe copyright

Romney campaign quietly promised ‘vigorous’ porn crackdown, Reagan prosecutor says

Patrick Trueman: The Right to Decency

Supreme Court punts on big questions in Fox Television indecency case

    FCC v. Fox Television Stations, No. 10-1293
    Held: Because the Commission failed to give Fox or ABC fair notice prior to the broadcasts in question that fleeting expletives and momentary nudity could be found actionably indecent, the Commission’s standards as applied to these broadcasts were vague . . . Under the 2001
    Guidelines in force when the broadcasts occurred, a key consideration was “whether the material dwell[ed] on or repeat[ed] at length” the
    offending description or depiction, but in the 2004 Golden Globes Order, issued after the broadcasts, the Commission changed course and
    held that fleeting expletives could be a statutory violation.


  • Posted: 06/21/2012
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  • Category: Featured

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Morality in Media: Supreme Court Indecency Ruling Allows Enforcement

Justices could split over decency in FCC case which court heard in January

“Adult film” producer convicted in obscenity trial

Mitt Romney Asked to Enforce Federal Pornography Laws

Santorum promises Obscenity enforcement crackdown

Arizona debates legislation on classroom obscenitiy, political discrimination | Inside Higher Ed

3 candidates pledge to enforce obscenity law

Morality in Media Calls for Federal Investigation of ICM Registry and All Involved in XXX Domain

Simpson files police complaint against anti-homophobia program

Cal Thomas: Justices don’t live in the real world

Terence P. Jeffrey: Scalia’s Stupid Decision

Eric Holder accused of neglecting porn fight

More than 100 members of Congress urge AG to enforce obscenity laws

More child porn cases, less law enforcement

Ongoing push for obscenity law enforcement

No new federal indictments for illegal adult porn in two years!

    “The nation is flooded with illegal adult pornography in almost every medium which is providing fuel to the fire of child pornography, destruction of marriages and families, addiction of children and adults, and an increase in sex trafficking, yet the U.S. Department of Justice has not indicted any distributers of such material in the past two years,” said Patrick Trueman, Morality in Media CEO and former chief of the Department’s Child Exploitation and Obscenity Section.


  • Posted: 02/10/2011
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  • Category: Bench & Bar

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Author of pedophilia guide on his way to Fla. jail

New York Times: Video games and the First Amendment

How obscene is video game violence?

Law Review: Comparative Legal Approaches to Pornographic Obscenity by the United States and the United Kingdom

    Two Nations, One Web: Comparative Legal Approaches to Pornographic Obscenity by the United States and the United Kingdom
    William T. Goldberg, 90 B.U. L. Rev. 2121 (2010)

    “Modern American obscenity law has developed over a period of approximately fifty years. The foundation of the law is built around a single test, the ‘community standards test,’ which tasks a trier of fact with gauging whether given materials would be considered obscene by the standards of the average member of the community in which they are made available. If that trier of fact deems those materials obscene, then the producer or distributor of such materials may face fines or imprisonment. The application of the community standards test has been refined, but never fully clarified. Thus, questions debated at the test’s first official implementation by the Supreme Court in the 1950s are still in question today: What types of materials actually fall within the scope of obscenity? What is the proper definition of the ‘community’ from which we should draw our standards? What role should individual privacy rights play? How do political pressures impact the application of obscenity laws? More recently, how should this standard apply following technological advances, like the internet, which have expanded the volume and variety of potential obscenity available in any given place at any given moment? This Note examines the underlying issues in U.S. obscenity law that raise these questions, yet primarily focuses on the impact of the internet on modern obscenity law in the United States and the United Kingdom.

    Part One examines these basic questions and explores their complexities. Part Two introduces and examines recent changes in U.K. law that address many of these same questions. Effective in 2009, the Criminal Justice and Immigration Act 2008 sharpened the United Kingdom’s definition of obscenity by imposing a strict liability offense for possession of ‘extreme pornography.’ Until this change, U.K. and U.S. obscenity laws were very similar, but this new Act imposes greater individual responsibility on consumers of such depictions, and also provides a far more precise definition of the prohibited materials. Part Three attempts to reconcile the tensions in U.S. law with the changes in U.K. law. The discussion focuses on the divergence in the laws and the consequence, if any, such divergence could, or should, have on American obscenity law.”


  • Posted: 11/01/2010
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  • Category: Global: Miscellaneous

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Judge enjoins new Mass. obscenity law

Groups challenge expanded Mass. obscenity law

Arkansas: Jury clears sexually oriented business of charges

    KATV: “The trial of two men and their corporation accused of promoting obscene material ended in a not guilty verdict late Friday night at the St. Francis County Courthouse . . . The brothers and J&W Investments, Inc., were charged in November of 2008 with two counts of selling or promoting obscene materials after confidential informants with the sheriff’s department purchased movies from Adult World locations on Hwy. 38 near Interstate 40 at Widener.”


  • Posted: 09/09/2010
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  • Category: Miscellaneous
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  • Source: www.katv.com

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Just 29% say FCC does a good job regulating profanity, sexual content and violence

U.S. AG needs broader effort to stop child porn

If Jacob Sullum is right, then inability to precisely define “indecent” and “obscene” means anything can air during TV family hour

Law Review: How Google Searches Can Illuminate Miller’s “Contemporary Community Standards”

    Defending Against a Charge of Obscenity in the Internet Age: How Google Searches Can Illuminate Miller’s “Contemporary Community Standards”
    Shannon Creasy, 26 Ga. St. U. L. Rev. 1029 (2010)

    “Whether Miller‘s contemporary community standards test should be completely abandoned has been the subject of much debate and falls outside the scope of this work. To date, most governmental attempts at Internet regulation have been aimed at protecting children from online pornography, which is another issue that falls outside the scope of this work. This Note will, however, explore the challenges the courts have encountered when applying the community standards test, the ways in which both parties have attempted to shed light on Miller’s requirements, and how courts can simplify this process by allowing Internet search engine data to be introduced as evidence of the community’s values. To that end, Part I traces the history of obscenity law in the United States up to the current Miller test. Part II examines the application of the Miller test, analyzing the challenges involved in defining the community and the difficulties defendants face when trying to prove the standard with various types of evidence. Finally, Part III argues in favor of more clearly identifying the relevant community and, under any definition of community, allowing Google searches (and other search engine data) to be admitted as evidence to establish the values of that community.”


  • Posted: 07/21/2010
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  • Category: Miscellaneous

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U.S. District judge drops porn charges against video producer John A. Stagliano

Attorney: Obscenity case ‘critical’

    One News Now: “A major pornography trial involving an adult film producer who has criticized the prosecution of obscenity cases is under way in Washington, DC. Pat Trueman, special counsel to the Alliance Defense Fund (ADF) and former chief prosecutor of Department of Justice obscenity cases, tells OneNewsNow the case is a holdover from the Bush administration . . . ‘Any obscenity case is critical because it’s going to send a signal on whether or not these cases are winnable,’ Trueman notes. ‘So far in the whole history of the Department of Justice, virtually every case has been won.’ . . . “But believe me, if it isn’t, the pornography industry and some in government will cheer that the case is lost,” he adds. The ADF special counsel, who recently launched the website PornHarms.com . . . ”


  • Posted: 07/16/2010
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  • Category: ADF in the News
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  • Source: www.onenewsnow.com

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Porn Producer Fighting Rare Obscenity Case

    National Law Journal (Law.com): “At the annual Adult Video News Awards in Las Vegas in January 2008, Stagliano produced an erotic dance that his lawyers say condemned criminalizing erotic images and warned of government monitoring of private use of the Internet. Now, Stagliano is just trying to stay out of prison. Stagliano and two of his companies were indicted in federal district court in Washington in April 2008 on seven counts of distributing obscene, sexually graphic videos that U.S. Justice Department prosecutors allege have no artistic or scientific value and cut against the community standard of what is acceptable. He faces up to 32 years behind bars if convicted . . . ”


  • Posted: 07/13/2010
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  • Category: Miscellaneous
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  • Source: www.law.com

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Capitol Hill briefing assesses far-reaching consequences of pornography

S.C. Dems ask Senate nominee to withdraw after felony obscenity charge

Surprise SC Senate candidate has charge pending – obscenity

Hatch says feds should expand porn prosecutions

    Salt Lake Tribune: “Diane Duke, executive director of the Free Speech Coalition, a group created by the adult entertainment industry, also made the case that pornography has become more acceptable over time.
    ‘Prosecutors are less enthusiastic about prosecuting for obscenity because they realize that our society is becoming more supportive of adults rights to be adults and to access adult materials,’ she said. Robert Peters from Morality in Media says federal agencies are to be commended for going after online sexual exploitation of children, but adds they ‘have for the most part turned a blind eye towards the explosion of hard-core adult pornography on the Internet and elsewhere.’”


  • Posted: 04/16/2010
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  • Category: Miscellaneous
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  • Source: www.sltrib.com

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Sen. Orrin Hatch demands answers on obscenity prosecutions

Sen. Hatch questions AG on obscenity enforcement

    Today in a U.S. Senate Judiciary Committee hearing, Senator Orrin Hatch of Utah confronted Attorney General Eric Holder about his policy of enforcement of Federal laws against illegal adult pornography or “obscenity” as it is known in the law


  • Posted: 04/14/2010
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  • Category: Miscellaneous

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Obscenity Charges Filed in Florida

“Anti-gay mailer sparks controversy at Post Office”

It is time to prosecute obscenity

www.PornHarms.com – New Web Site Creates Coalition

MA: Newton state senator cracks down on adults sexting children

“Obscene” U.S. manga collector jailed 6 months

11th Cir. rejects 9th Cir. national-standard-for-internet-obscenity decision

Malta: Labour Party seeks review of definition of obscenities

Law Review: The Constitutional Status of Moral Legislation

    The Constitutional Status of Moral Legislation
    John Lawrence Hill, 98 Ky. L.J. 1 (2010)

    “This Article argues that, in seeking to protect the private activities of gays and lesbians, liberals from Hart on have thought it necessary to throw the baby out with the bathwater by maintaining that the state may never regulate on the basis of ‘private morals.’ The better conclusion is that society has now reached a general consensus that it is wrong to single out one type of sexual activity and mark for punishment the class of people who engage in it. This, indeed, is the meaning of Lawrence v. Texas, and not the more expansive claim that Lawrence declares the end of morals legislation.”


  • Posted: 01/15/2010
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  • Category: Miscellaneous

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Law Review: Seeing It, Knowing It (Obscenity)

    Seeing It, Knowing It
    Elizabeth M. Glazer, 104 Nw. U. L. Rev. Colloquy 217 (2009)

    “In When Obscenity Discriminates, I argued that the First Amendment’s obscenity doctrine has generated discriminatory collateral effects against gays and lesbians, and that those collateral effects generate a need to refine the obscenity doctrine in light of the Supreme Court’s decision in Lawrence v. Texas. In his response, If Obscenity Were to Discriminate, Professor Barry McDonald agrees with my essay’s “core insight—that the Miller obscenity test should be applied in a manner that is neutral as to the sexual orientation of the pertinent actors,”and notes that this insight “appears to have substantial support in basic principles of the Court’s equal protection and First Amendment jurisprudence.” McDonald builds from that ‘core insight’ by ‘tak[ing] the liberty of recasting these arguments as more modest claims that the obscenity doctrine needs to be modified in light of Lawrence in order to achieve a principled and coherent constitutional jurisprudence as it relates to the Court’s treatment of gay sex.’ However, the ‘more modest claim’ that McDonald purports to make is, in fact, the claim made in my essay, namely, to ‘refin[e]—but not overturn—the obscenity test set forth in Miller‘ so that it distinguishes between sex and sexual orientation.”


  • Posted: 01/15/2010
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  • Category: Miscellaneous

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Countries Block Porn Distribution; U.S. Wavers

Law Review: Should Texas’s Former Ban on Obscene Device Promotion Pass Constitutional Muster Under a Murky Lawrence?

Federal Judge Declines to Dismiss Obscenity Case

Australian government to introduce Internet filter

11th Circuit Obscenity Case Tests Community Standards on the Internet

    Fulton County Daily Report: “The federal judges who on Thursday heard the appeal of the movie producer, known as Max Hardcore, aren’t being asked to make the same judgments the jury did . . . the judges are being asked to decide some of the heaviest issues in the area of obscenity law, such as whether the government should criminalize adult films purchased over the Internet and viewed in the privacy of the home, and whether a Tampa jury should apply its own mores to materials available all over the country.”


  • Posted: 11/02/2009
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  • Category: Miscellaneous

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A “national standard” for obscenity?

Ohio: Can new obscenity law protect children from porn?

Michigan: New legislation would rid streets of obscene billboards

Iowa Supreme Court upholds sexting conviction

WI: ACLU decries Kenosha’s plan to stiffen obscenity law

State of the Law on Pornography

    Clifton Drake writes at the Ethics and Religious Liberty Commission: “When it comes to the word ‘pornography,’ many Christians would assume it’s synonymous with ‘obscenity,’ and indeed in the biblical worldview, it is. The law, however, takes a different view. Although obscenity is not protected by the First Amendment, pornography is not necessarily considered under the law obscene and therefore is often protected as free speech. For something to be considered obscene, three factors must be shown . . . ”


  • Posted: 08/04/2009
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  • Category: Miscellaneous
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  • Source: erlc.com

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Porn prosecution fuels debate

    Politico: “President Barack Obama’s Justice Department has quietly agreed to move a pornography prosecution out of socially conservative Montana to more urbane New Jersey – fueling perceptions by some attorneys that the new administration is stepping back from the aggressive approach the Bush administration took to prosecuting obscenity . . . But Patrick Trueman, a former obscenity prosecutor pressing the new administration to do more to battle pornography, said critics were jumping the gun by blaming the Obama team for moving the Goldman case.”


  • Posted: 07/31/2009
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  • Category: Miscellaneous
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  • Source: www.politico.com

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W.Va. man fails to persuade 4th Circuit that films aren’t obscene