President's Commission On Obscenity And Pornography
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In 1969, the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
Supreme Court ruled in '' Stanley v. Georgia'' that people could view whatever they wished in the privacy of their own homes. In response, the
United States Congress The United States Congress is the legislature of the federal government of the United States. It is bicameral, composed of a lower body, the House of Representatives, and an upper body, the Senate. It meets in the U.S. Capitol in Washing ...
funded the President's Commission on Obscenity and Pornography, set up by President
Lyndon B. Johnson Lyndon Baines Johnson (; August 27, 1908January 22, 1973), often referred to by his initials LBJ, was an American politician who served as the 36th president of the United States from 1963 to 1969. He had previously served as the 37th vice ...
to study
pornography Pornography (often shortened to porn or porno) is the portrayal of sexual subject matter for the exclusive purpose of sexual arousal. Primarily intended for adults,
.


Aims

The Commission was established to study and report on:Lee Rainwater, ''Social problems and public policy: deviance and liberty'', Aldine Transaction, 1974, p.143 * "
Constitutional A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these prin ...
and definitional problems related to obscenity controls." * "Traffic in and distribution of obscene and pornographic materials." * "The effects of such material, particularly on youth, and their relationship to crime and other antisocial conduct."


Composition

Initially, the Commission consisted of Edward E. Elson, Thomas D. Gill, Edward D. Greenwood, Reverend Morton A. Hill, S.J., G. William Jones, Joseph T. Klapper, Otto N. Larsen, Rabbi Irving Lehrman, Freeman Lewis, Reverend Winfrey C. Link, Morris A. Lipton, William B. Lockhart (chair),
Thomas C. Lynch Thomas Conner Lynch (May 20, 1904 – May 29, 1986) was an American lawyer who served as District Attorney in San Francisco and as Attorney General of California from 1964 to 1971. Early life Lynch was born in San Francisco in 1904 to Ma ...
, Barbara Scott, Cathryn A. Speits, Frederick Herbert Wagman,
Kenneth Keating Kenneth Barnard Keating (May 18, 1900 – May 5, 1975) was an American politician, diplomat, and judge who served as a United States Senator representing New York from 1959 until 1965. A member of the Republican Party, he also served in the ...
and
Marvin Wolfgang Marvin Eugene Wolfgang (14 November 1924 – 12 April 1998) was an American sociologist and criminologist. Biography Wolfgang was a soldier in World War II and participated in the Battle of Monte Cassino. After the war he studied at the Univers ...
. Subsequently, K. Keating was replaced with
Charles Keating Charles Humphrey Keating Jr. (December 4, 1923 – March 31, 2014) was an American sportsman, lawyer, real estate developer, banker, financier, conservative activist, and convicted felon best known for his role in the savings and loan sca ...
, Jr, by President
Richard Nixon Richard Milhous Nixon (January 9, 1913April 22, 1994) was the 37th president of the United States, serving from 1969 to 1974. A member of the Republican Party, he previously served as a representative and senator from California and was ...
. Wm. Cody Wilson served as Executive Director of the Commission, directing both surveys of existing research and original empirical esearch on the subject.r


Studies undertaken

The Commission commissioned
Berl Kutchinsky Berl Kutchinsky (1935 – 1995) was a Danish Professor of Criminology at the University of Copenhagen. He became internationally famous for his studies in the public health effects of pornography. He was based in Denmark, which in 1969 became ...
to perform a scientific study on the subject. His report, titled ''Studies on Pornography and Sex Crimes in Denmark'' (1970), found that legalizing pornography in
Denmark ) , song = ( en, "King Christian stood by the lofty mast") , song_type = National and royal anthem , image_map = EU-Denmark.svg , map_caption = , subdivision_type = Sovereign state , subdivision_name = Danish Realm, Kingdom of Denmark ...
had not (as had been expected) resulted in an increase of sex crimes.


Findings

The Commission's report, called ''Report of the Commission on Obscenity and Pornography'', and published in 1970, recommended
sex education Sex education, also known as sexual education, sexuality education or sex ed, is the instruction of issues relating to human sexuality, including emotional relations and responsibilities, human sexual anatomy, sexual activity, sexual reproduc ...
, funding of research into the effects of pornography and restriction of children's access to pornography, and recommended against any restrictions for adults. On balance the report found that obscenity and pornography were not important social problems, that there was no evidence that exposure to such material was harmful to individuals, and that current legal and policy initiatives were more likely to create problems than solve them. The report was widely criticized and rejected by Congress. The
Senate A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
rejected the Commission's findings and recommendations by a 60–5 vote, with 34 abstentions.Raymond Tatalovich, Byron W. Daynes, ''Moral controversies in American politics: cases in social regulatory policy. 2nd edition'', M.E. Sharpe, 1998 The Senate rejected the following findings and recommendations in particular: * That there was "no evidence to date that exposure to explicit sexual materials plays a significant role in the causation of delinquent or criminal behavior among youths or adults." * That "a majority of American adults believe that adults should be allowed to read or see any sexual materials they wish." * That "there is no reason to suppose that elimination of governmental prohibitions upon the sexual materials which may be made available to adults would adversely affect the availability to the public of other books, magazines, or films." * That there was no "evidence that exposure to explicit sexual materials adversely affects character or moral attitudes regarding sex and sexual conduct." * That "Federal, State, and Local legislation prohibiting the sale, exhibition, or distribution of sexual materials to consenting adults should be repealed." President Nixon, who had succeeded Johnson in 1969, also emphatically rejected the report.


Aftermath

In 1970,
Earl Kemp Earl Kemp (November 24, 1929February 29, 2020) (Born Finis Earl Kemp.) was an American publisher, science fiction editor, critic, and fan who won a Hugo Award for Best Fanzine in 1961 for ''Who Killed Science Fiction'', a collection of questions ...
published an illustrated edition of the ''Presidential Report of the Commission on Obscenity and Pornography'' through a publishing company owned by
William Hamling William Hamling (10 August 1912 – 20 March 1975) was a British Labour Party politician. Hamling was educated at Liverpool University and was a signals officer in the Royal Marines during World War II. Hamling contested Southport in 1945, ...
called Greenleaf Classics. The 1969 President's Commission on Obscenity and Pornography issued its un-illustrated 656-page report on September 30, 1970. One month later, the report went on sale at the
Government Printing Office The United States Government Publishing Office (USGPO or GPO; formerly the United States Government Printing Office) is an agency of the legislative branch of the United States Federal government. The office produces and distributes information ...
. On November 11, 1970, copies of publisher
William Hamling William Hamling (10 August 1912 – 20 March 1975) was a British Labour Party politician. Hamling was educated at Liverpool University and was a signals officer in the Royal Marines during World War II. Hamling contested Southport in 1945, ...
's Greenleaf Classics’ 352-page ''The Illustrated Presidential Report of the Commission on Obscenity and Pornography'' were printed, and two weeks later, on Monday, December 13, 1970, went on sale throughout the U.S. for $12.50. Kemp and Hamling were eventually sentenced to prison for "conspiracy to mail obscene material," but both served only the federal minimum. Hamling received a four-year regular adult sentence.Motion in the District Court of the United States for the Southern District of California at San Diego, as prepared by the law offices of
Stanley Fleishman Stanley Fleishman (1920–1999) was an American attorney best known for his expertise in the constitutional defense of the First Amendment in obscenity cases and for his advocacy on behalf of the disabled community. Early life Stanley Fleishman ...
, May 17, 1976
Earl Kemp Earl Kemp (November 24, 1929February 29, 2020) (Born Finis Earl Kemp.) was an American publisher, science fiction editor, critic, and fan who won a Hugo Award for Best Fanzine in 1961 for ''Who Killed Science Fiction'', a collection of questions ...
received a sentence of three years and one day. The report as published by Greenleaf was not found to be obscene. Nonetheless, on the other hand the brochure was found to be clearly obscene by the jury. Of some note,
Earl Kemp Earl Kemp (November 24, 1929February 29, 2020) (Born Finis Earl Kemp.) was an American publisher, science fiction editor, critic, and fan who won a Hugo Award for Best Fanzine in 1961 for ''Who Killed Science Fiction'', a collection of questions ...
was in Europe at the time Hamling created and mailed the ad brochure.''The Illustrated Presidential Report of the Commission on Obscenity and Pornography'', Greenleaf Classics, 1970, "Introduction" by
Earl Kemp Earl Kemp (November 24, 1929February 29, 2020) (Born Finis Earl Kemp.) was an American publisher, science fiction editor, critic, and fan who won a Hugo Award for Best Fanzine in 1961 for ''Who Killed Science Fiction'', a collection of questions ...
, pg. 14


See also

*
Effects of pornography The effects of pornography on individuals or their intimate relationships depend on the type of pornography used and differ from person to person. Consumption of pornographic material is associated with negative and positive impacts. It has been ...
*
Meese Report The Meese Report (named for Edwin Meese), officially the ''Final Report of the Attorney General's Commission on Pornography'', is the result of an investigation into pornography ordered by U.S. President Ronald Reagan. It was published in July 1 ...
, 1986 U.S. Attorney General's Commission on Pornography * Stanley v. Georgia, U.S. Supreme Court case that established a right to pornography *
Williams Committee The Committee on Obscenity and Film Censorship, better known as the Williams Committee, was a 1970s British Home Office committee chaired by Professor Bernard Williams. The task of the committee was to "review the laws concerning obscenity, indece ...
, 1979 U.K. Committee on Obscenity and Film Censorship


References


Sources

;Primary: * * *


Citations


External links

*D. M. Edward
Politics and Pornography: A Comparison of the Findings of the President's Commission and the Meese Commission and the Resulting Response
1992 {{Pornography legality, state=collapsed United States pornography law Politics of the United States by issue Presidency of Lyndon B. Johnson Obscenity and Pornography, President's Commission on