Attorney General's Commission on Pornography

Final Report. July 1986


Table of Contents

PART ONE: Biographies, Notes and Statements

  1. Commissioner Biographies [Page 3]
  2. Acknowledgments and Notes [23]
  3. Individual Commissioners Statements  [27]
    1. Henry E. Hudson, Chairman [27]
    2. Diane D. Cusack [34]
    3. Park Elliott Dietz [37]
    4. James Dobson [71]
    5. Father Bruce Ritter [89]
    6. Frederick Schauer [176]
    7. Deanne Tilton-Durfee [180]
    8. Judith Becker, and Ellen Levine [195]

PART TWO: Overview and Analysis of Commission Findings

  1. Introduction [215]
    1. The Commission and its Mandate
    2. The Work of the Commission
    3. The 1970 Commission on Obscenity and Pornography
    4. Defining Central Terms
  2. The History of Pornography  [227]
    1. Pornography as a Social Phenomenon
    2. Regulation and the Role of Religion
    3. Obscenity Law -- The Modern History
  3. The Constraints of the First Amendment  [249]
    1. The Presumptive Relevance of the First Amendment
    2. The First Amendment, The Supreme Court, and the Regulation of Obscenity
    3. Is the Supreme Court Right?
    4. The Risk of Abuse
  4. The Market and the Industry [277]
    1. The Market for Sexual Explicitness
      1. The Motion Picture Industry
      2. Sexually Explicit Magazines
      3. Television
    2. The Pornography Industry
      1. The Production of Films, Video Tapes, and Magazines
      2. Channels of Distribution
      3. The Retail Level
    3. The Role of Organized Crime
  5. The Question of Harm  [299]
    1. Matters and Methods
      1. Harm and Regulation -- The Scope of Our Inquiry
      2. What Counts as Harm?
      3. The Standard of Proof
      4. The Problem of Multiple Causation
      5. The Varieties of Evidence
      6. The Need to Subdivide
    2. Our Conclusions about Harm
      1. Sexually Violent Material
      2. Nonviolent Materials Depicting Degradation, Domination, Subordination, or Humiliation
      3. Nonviolent and Non-Degrading Materials
      4. Nudity
    3. The Need for Further Research
  6. Laws and Their Enforcement [353]
    1. An Overview of the Problem
    2. Should Pornography be Regulated by Law?
      1. The Question is Deregulation
      2. Law Enforcement, Priority, and Multiple Causation
      3. The Problem of Underinclusiveness
    3. The Criminal Law
      1. The Sufficiency of Existing Criminal Laws
      2. The Problems of Law Enforcement
    4. Federalism
      1. What Should be Prosecuted?
      2. The Special Prominence of the Printed Word
    5. Regulation by Zoning
    6. The Civil Rights Approach to Pornography
    7. Obscenity and the Electronic Media
    8. Enforcing both Sides of the Law
  7. Child Pornography  [405]
    1. The Special Horror of Child Pornography
    2. Child Pornography as a Cottage Industry
    3. Child Pornography, the Law, and the First Amendment
    4. Enforcement of the Child Pornography Laws
  8. The Role of Private Action [419]
    1. The Right to Condemn and the Right to Speak
    2. The Method of Protest
    3. The Risk of Excess
    4. The Importance of Education and Discussion

PART THREE: Law Enforcement Recommendations

  1. Introduction [433]
  2. Recommendations for the Justice System and Law Enforcement Agencies [459]
  3. Child Pornography [595]
  4. Victimization [737]
  5. Civil Rights [747]
  6. Nuisance Laws [757]
  7. Anti-Display Laws [759]

PART FOUR: Pornography and Society

  1. Victimization  [767]
    1. Physical Harm
      1. Rape
      2. Forced Sexual Performance
      3. Battery Torture
      4. Murder
      5. Imprisonment
      6. Sexually Transmitted Diseases
      7. Masochistic Self Harm
      8. Prostitution
    2. Psychological Harm
      1. Suicidal Thoughts and Behavior
      2. Fear and Anxiety Caused by Seeing Pornography
      3. Feelings of Shame and Guilt
      4. Fear of Exposure through Publication or Display of Pornographic Material
      5. Amnesia and Denial and Repression of Abuse
      6. Nightmares
      7. Compulsive Reenactment of Sexual Abuse and Inability to Feel Sexual Pleasure outside of a Context of Dominance and Submission.
      8. Inability to Experience Sexual Pleasure and Feelings of Sexual Inadequacy
      9. Feelings of Inferiority and Degradation
      10. Feelings of Frustration with the Legal System
      11. Abuse of Alcohol and Other Drugs
    3. Social Harms
      1. Loss of Job or Promotion/Sexual Harassment
      2. Financial Losses
      3. Defamation and Loss of Status in the Community
      4. Promotion of Racial Hatred
      5. Loss of Trust within a Family
      6. Prostitution
      7. Sexual Harassment in the Workplace
  2. The Use of Performers in Commercial Pornography [837]
    1. Background
      1. Terminology and Distinctions
      2. Previous Commission Findings
      3. Performers and Obscenity Law
    2. Use of Performers in Pornography -- The Evidence
      1. The Nature of the Evidence
      2. The Performers
        1. Age
        2. Personal Background
        3. Economic Circumstances
      3. The Job
        1. Recruitment
        2. Coercion
        3. Contractual Terms
        4. Working Conditions
        5. Health Risks
        6. Drug Use
        7. "Modeling" vs Acting
        8. Career Prospects
      4. Modeling and Personal Life
    3. Conclusions and Recommendations
      1. Modeling and Prostitution
      2. Sex Discrimination
      3. Invasion of Personal Rights
  3. Social and Behavioral Science Research Analysis [901]
    • Introduction
    • Public Attitudes Towards Pornography
    • Sex Offenders and Pornography
    • Summary of Commission Findings of Harm from Pornography
  4. Organized Crime [1037]
    1. Preface
    2. Introduction
    3. Organized Crime and Involvement in Pornography
    4. Related Crimes and Activities
    5. Reuben Sturman
    6. Conclusion
      • Appendix One: MIPORN (Miami Porn)
      • Appendix Two: MAGLOCLEN (Middle Atlantic-Great Lakes Organized Crime Law Enforcement Network)
      • Appendix Three: California Attorney General's Report
      • Appendix Four: 1978 Washington, D.C. Metropolitan Police Report
      • Appendix Five: 1978 Federal Bureau of Investigation Report
  5. Regulation of Pornography: An Historical Perspective  [1239]
  6. First Amendment Considerations [1263]
  7. Citizen and Community Action and Corporate Responsibility [1313]
  8. Production and Distribution of Sexually Explicit Materials [1351]
    1. Historical Overview of the Industry
    2. Promotion, Distribution and Technology
      1. Motion Pictures
      2. Video Tape Cassettes
      3. Magazine
      4. Cable and Satellite Television
      5. Dial-a-Porn
      6. Computers
      7. Other Material sold in Pornographic Outlets
      8. Paperback Books
      9. Tabloids
      10. Photo Sets
      11. Audio Tapes
      12. Peep Shows
    3. Outlets
      1. "Adults Only" Pornographic Outlets
      2. General Retail Outlets
    4. Military Bases
    5. Prisons
  9. The Imagery Found among Magazines, Books, and Films in "Adults Only" Pornographic Outlets [1499]
  10. Sample Forms [1803]
    1. Obscenity Statute Utilizing Miller Standards
    2. Forfeiture Statutes (with Postal Service Amendments)
    3. Search Warrants
  11. Witnesses Testifying before the Commission [1845]
  12. Witnesses Invited but Unable to Appear before the Commission [1861]
  13. Persons Submitting Written Statements [1865]

PART FIVE: Reference Material

  1. Bibliography [1875]
  2. Additional Suggested Reading Materials [1925]
  3. Staff Listing [1933]

PART SIX: Photographs [1937]

APPENDIX A: Charter of the Attorney General's Commission on Pornography [1957]