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In 1969, the
United States The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...
Supreme Court In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...
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, legislative branch of the federal government of the United States. It is a Bicameralism, bicameral legislature, including a Lower house, lower body, the United States House of Representatives, ...
funded the President's Commission on Obscenity and Pornography, set up by President
Lyndon B. Johnson Lyndon Baines Johnson (; August 27, 1908January 22, 1973), also known as LBJ, was the 36th president of the United States, serving from 1963 to 1969. He became president after the assassination of John F. Kennedy, under whom he had served a ...
to study
pornography Pornography (colloquially called porn or porno) is Sexual suggestiveness, sexually suggestive material, such as a picture, video, text, or audio, intended for sexual arousal. Made for consumption by adults, pornographic depictions have evolv ...
.


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, organization or other type of entity, and commonly determines how that entity is to be governed. When these princ ...
and definitional problems related to
obscenity An obscenity is any utterance or act that strongly offends the prevalent morality of the time. It is derived from the Latin , , "boding ill; disgusting; indecent", of uncertain etymology. Generally, the term can be used to indicate strong moral ...
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, 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 th ...
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 Dickinson Co ...
. 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 sc ...
, Jr, by President
Richard Nixon Richard Milhous Nixon (January 9, 1913April 22, 1994) was the 37th president of the United States, serving from 1969 until Resignation of Richard Nixon, his resignation in 1974. A member of the Republican Party (United States), Republican ...
. Wm. Cody Wilson served as Executive Director of the Commission, directing both surveys of existing research and original empirical esearch on the subject.


Studies undertaken

The Commission commissioned Berl Kutchinsky 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 Denmark is a Nordic countries, Nordic country in Northern Europe. It is the metropole and most populous constituent of the Kingdom of Denmark,, . also known as the Danish Realm, a constitutionally unitary state that includes the Autonomous a ...
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 human sexual anatomy, Human sexual activity, sexual activity, sexual reproduction, safe sex, birth ...
, 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 published an illustrated edition of the ''Presidential Report of the Commission on Obscenity and Pornography'' through a publishing company owned by William Hamling 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 Legislature, legislative branch of the Federal government of the United States, United States federal gove ...
. On November 11, 1970, copies of publisher William Hamling'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, May 17, 1976 Earl Kemp 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 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, pg. 14


See also

* Effects of pornography * Meese Report, 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, 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