RESOLUTION - Vigorous Enforcement of the Federal obscenity laws

[Convicted]

Seeining as how I am going to prision for my adultsite, I was wondering if anyone had seen this?

109th CONGRESS

1st Session

H. CON. RES. 52

Expressing the sense of Congress supporting vigorous enforcement of the Federal obscenity laws.

IN THE HOUSE OF REPRESENTATIVES


February 9, 2005
Mr. SULLIVAN (for himself, Mr. HOSTETTLER, Mr. MILLER of Florida, Mr. PITTS, Mr. GARRETT of New Jersey, Mr. AKIN, Mr. PICKERING, Mr. SHIMKUS, Mr. BARTLETT of Maryland, Mr. FRANKS of Arizona, Mr. ADERHOLT, Mr. TERRY, Mr. WOLF, and Mr. GINGREY) 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 determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned


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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 obscenity laws can be enforced against hardcore pornography' (413 U.S. at 28);

Whereas the Miller Court stated that `to equate the free and robust exchange of ideas and political debate with commercial exploitation of obscene material demeans the 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 legitimate governmental interests at stake in stemming the tide of obscene materials, which include--

(1) protecting `the quality of life and total community 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 morality' (413 U.S. at 61); and

(5) protecting `family life' (413 U.S. at 63);

Whereas Congress, in an effort to protect these same legitimate governmental interests, enacted legislation in 1988 to strengthen Federal obscenity laws and in 1996 to clarify that use of an interactive computer service to transport obscene materials in or affecting interstate or foreign commerce is prohibited;

Whereas Congress acknowledges the recent efforts of the Department of Justice in bringing indictments and securing prosecutions against purveyors of obscenity in a number of Federal jurisdictions;

Whereas the 1986 Final Report of the Attorney General's Commission on Pornography found that increasingly, the most prevalent forms of pornography' fit the description 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 pornography that now reaches directly into tens of millions of American homes, where even small children can be exposed 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 enforced';

Whereas a May 2, 2002, report from the National Academies' National Research Council stated that aggressive enforcement of existing anti-obscenity laws can help reduce children'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 reduce 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 interests recognized as legitimate by the United States Supreme 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 Federal obscenity laws should be vigorously enforced throughout the United States.

[tony286]

They bark but they arent going to do anything unless its extreme because they know it going to be harder and harder to get a conviction on mainstream porn.

[Convicted]

Originally Posted by tony404

They bark but they arent going to do anything unless its extreme because they know it going to be harder and harder to get a conviction on mainstream porn.

Regardless of how hardcore porn is ...the privacy of your home is not in the community. Anyway I guess Blow jobs are now extreme...

Happy Reading....

PHOENIX ? Porn pundits who have wondered when the Federal government would make another major move against the adult industry have their answer thanks to the May 31st presentation of an indictment against JM Productions on 18 counts of interstate trafficking in obscene material.

The decision to indict the company and its owner Jeff Steward was made on May 23rd and contends that the two entities, as well as Tempe, AZ based retailer/online distributor Five Star Video and possibly two of its principals, ?knowingly used an interactive computer service and other facilities and means of interstate and foreign commerce to sell and distribute, to a location in Northern Virginia, obscene DVDs ? in violation of Title 18, United States Code, sections 1465 [?Transportation of obscene matters for sale or distribution?] and (2)(a),? ? meaning that the Federal government has the right to go after the various company principals in addition to the company itself. The ofending titles were Gag factor 15 & 18.

[Convicted]

Originally Posted by tony404

They bark but they arent going to do anything unless its extreme because they know it going to be harder and harder to get a conviction on mainstream porn.

Here's another story THIS WEEK....

Second FBI Raid This Week: Erotic Stories Website Hit Over Obscenity
by Connor Young

PITTSBURGH, PA - The FBI raided the home of a controversial erotic stories website owner on Friday, apparently on charges of obscenity. The website, red-rose-stories.com, posted a notice on its home page announcing the raid and warning customers that the FBI now has access to all past customer information.

?I am sorry to inform all interested parties that Red Rose Stories is a DEAD site,? read a statement posted on the website by operator Rosie. ?The FBI has suceeded [sic] in closing me down. I am being charged with 'OBSCENITIES' and face charges for having posted such stories. Our stories are NOT protected speech. Please, please, be careful out there.?

***********************************************

I am going to prision for 51-63 months. Funny how my phone rings off the hook now people are getting that special knock at the door. Just don't put your head in the sand. That's what I did...The Fed's will fuck you over.

***********************************************

[Pron Don]

damn that sucks

[LouFromHell]

Originally Posted by tony404

They bark but they arent going to do anything unless its extreme because they know it going to be harder and harder to get a conviction on mainstream porn.

Wont matter after they get some case law under their belt.

Not to mention how good they are at manipulating the press and misrepresenting situations to the public. I was also prosecuted (federally) out of TX. They called the bondage videos I was indicted over "rape" then filed 30+ motions prohibiting all aspects of the defense (couldn't show that lawyers had been paid to review content for legality, couldn't enter site disclaimers into evidence, couldn't use the word consensual, etc, etc)

Then our jury instructions basically said "obscenity" was to be defined as anything your neighbor wouldn't want to sit down with his children and watch on prime time television.

I was also banned from the net for 2 years and forced to close shop (see 2 year gap in post history). No money really threw a new twist into shit.

Modern day witch burnings.

And anyone who thinks it couldn't happen to them is delusional. Too bad nobody ever gives a shit until the knock is at their own door.

[Convicted]

Originally Posted by LouFromHell

And anyone who thinks it couldn't happen to them is delusional. Too bad nobody ever gives a shit until the knock is at their own door.

Damn, sorry to hear about your shit. Your right. My site had 1100+ members. It was easy to jusifty "It won't happen to me". The money blinded me. I could think of a million reasons I was "ok". Then the raid, the call to Larry Walters, all the money I had gone and the rest is history.

[JD]

JM Productions = extreme porn

http://www.jerkoffzone.com/home.html
http://en.wikipedia.org/wiki/JM_Productions

the rest of the JM Productions story...

http://www.ynot.com/modules.php?op=m...le &sid=10593

edit: just thought this was amusing

The alleged offense took place on February 6th and 10th of 2006 when the videos Gag Factor 15 and 18, we well as American Bukkake 13, and Filthy Things 6 were sent via USPS

JM Productions sent hardcore extreme porn via USPS......good idea

[germ]

scary shit.

[Corona]

Originally Posted by SPeRMiNaToR

JM Productions sent hardcore extreme porn via USPS......good idea

Doesn't matter how it is delivered.

If you send a pound of pot via FedEx you are in just as much trouble as if you sent it USPS.

If they want you you are fucked.

[tony286]

Originally Posted by Convicted

Regardless of how hardcore porn is ...the privacy of your home is not in the community. Anyway I guess Blow jobs are now extreme...

Happy Reading....

PHOENIX ? Porn pundits who have wondered when the Federal government would make another major move against the adult industry have their answer thanks to the May 31st presentation of an indictment against JM Productions on 18 counts of interstate trafficking in obscene material.

The decision to indict the company and its owner Jeff Steward was made on May 23rd and contends that the two entities, as well as Tempe, AZ based retailer/online distributor Five Star Video and possibly two of its principals, ?knowingly used an interactive computer service and other facilities and means of interstate and foreign commerce to sell and distribute, to a location in Northern Virginia, obscene DVDs ? in violation of Title 18, United States Code, sections 1465 [?Transportation of obscene matters for sale or distribution?] and (2)(a),? ? meaning that the Federal government has the right to go after the various company principals in addition to the company itself. The ofending titles were Gag factor 15 & 18.

Sorry girls gagging over cocks is on the extreme side.Also going thru the us mail is a no no.

[tony286]

Originally Posted by Corona

Doesn't matter how it is delivered.

If you send a pound of pot via FedEx you are in just as much trouble as if you sent it USPS.

If they want you you are fucked.

yes and no what they do is use the postal inspectors to order product. It is a crime to send obscenity thru the us mail. Any lawyer will tell you not to use the us mail to send porn.

[tony286]

Originally Posted by Convicted

Damn, sorry to hear about your shit. Your right. My site had 1100+ members. It was easy to jusifty "It won't happen to me". The money blinded me. I could think of a million reasons I was "ok". Then the raid, the call to Larry Walters, all the money I had gone and the rest is history.

what was your site?

[diggz]

Fuck the police!

[Fizzgig]

I wonder how the public would react if they could suddenly no longer access porn on the internet or cable, and started getting arrested for owning movies and magazines.

[JD]

Originally Posted by Fizzgig

I wonder how the public would react if they could suddenly no longer access porn on the internet or cable, and started getting arrested for owning movies and magazines.

Civil War

[gooddomains]

move your ass to europe and you won't have to deal with this crap

[LouFromHell]

Originally Posted by tony404

Sorry girls gagging over cocks is on the extreme side.Also going thru the us mail is a no no.

You guys are missing the point. Extreme is just an extension of opinion ... and despite that opinion there has to be a legal guideline in place before you send someone to prison. If they want to draw the lines and establish tangable standards thats fine ... but dont make those guidlines at peoples sentencings.

[tony286]

Originally Posted by LouFromHell

You guys are missing the point. Extreme is just an extension of opinion ... and despite that opinion there has to be a legal guideline in place before you send someone to prison. If they want to draw the lines and establish tangable standards thats fine ... but dont make those guidlines at peoples sentencings.

I understand your point but extreme will get the reaction from a jury and plain old vanilla sex wont. They need the reaction to win.

[marketsmart]

Originally Posted by tony404

I understand your point but extreme will get the reaction from a jury and plain old vanilla sex wont. They need the reaction to win.

i think it depends on the county you are indicted in... what LA county may think is fine, the jury of a county in bible country may not...

also, i think the federal level is a whole different ballgame... if they want you, they will get you.. and facts will be twisted to ensure that....

i think what is becoming dangerous is that i am sure the govt's intentions are to start with the super hardcore and get some wins under their belt. then they can start lowering the bar as time goes on to eventually include mainstream porn...

[LouFromHell]

Originally Posted by tony404

I understand your point but extreme will get the reaction from a jury and plain old vanilla sex wont. They need the reaction to win.

tony read up above on what they did to me. It was a japanese bondage video where a girl was tied up and had candle wax on her. Then they threw in a nipple piercing clip that didn't even have any sex in it ...?

But the prosecution sold it to the public and the jurors as if a rape had occured.

But the worst part were the jury instructions. They re-wrote the miller test into this candy-land g-rating bullshit that basically said if your neighbor wouldn't find it appropriate to show to the little league team than you are guilty. You could have thrown the most vanilla of vanilla porn in the mix and lost to that.

I stand to gain nothing by embellishing this situation. Its just much more of a problem than a lot of people in the industry and elsewhere (who should be concerned) regard it as.

Originally Posted by marketsmart

i think it depends on the county you are indicted in... what LA county may think is fine, the jury of a county in bible country may not...

also, i think the federal level is a whole different ballgame... if they want you, they will get you.. and facts will be twisted to ensure that....

i think what is becoming dangerous is that i am sure the govt's intentions are to start with the super hardcore and get some wins under their belt. then they can start lowering the bar as time goes on to eventually include mainstream porn...

market ... my case was one of the first involving video streaming as well as shipping. they lumped the two together to get case law to hit people for streaming only. that will open the door they need to prosecute these whereever they want ...

example ... i live in vegas. here we have free porn in newsstands accross from the federal building. I was indicted out of the northern district of Texas and tried on the community standards there. It was no problem for them to put that together even though no aspect of my operation involved that place. The porn was simply accessable to the community. Its the bible belt and lets face it not the most intellectual community in the world ... and ignorance / jesus is all they need to win these.

[Convicted]

Originally Posted by LouFromHell

Its the bible belt and lets face it not the most intellectual community in the world ... and ignorance / jesus is all they need to win these.

You nailed it....the Fed's know it, thats why they bring these cases in places like this..

[tony286]

Well porn isnt going anywhere and if it gets to wierd here ,we will move to canada. I dont have a problem doing that. I have a lawyer ,I keep my shit in order. If they want to fuck with me of course they can do that but Im not going to tear myself up inside worrying about when will that day come. This is the business I have picked and Im aware of the risks.