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1986 AG REPORT



Community Defense Counsel is pleased to offer a scanned copy of the 1986 Final Report of the Attorney General's Commission on Pornography. This early print edition facsimile contains some typographical errors which were interposed in the government's printing process. A few pages in the original report were left blank as fill pages between sections or chapters. Most fill pages have not been reproduced in the scanned copies. All pages with substantive content have been reproduced.

WARNING!
Portions of this report are very graphic in nature.

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TABLE OF CONTENTS


* Organized by PART, Section, and Page.

PART ONE
1. Commissioner Biographies - 3
2. Acknowledgements and Notes - 23
3. Individual Commissioner Statements - 27

PART TWO
1. Introduction - 215
-- The Commission and Its Mandate - 215
-- The Work of the Commission - 218
-- The 1970 Commission on Obscenity and Pornography -
224

2. The History of Pornography - 233
-- Pornography as a Social Phenomenon - 233
-- Regulation and the Role of Religion - 236
-- Obscenity Law -- The Modern History - 249

3. The Constraints of the First Amendment - 249
-- The Presumptive Relevance of the First Amendment - 249
-- The First Amendment, The Supreme Court, and the
Regulation of Obscenity - 251

-- Is the Supreme Court Right? - 260
-- The Risks of Abuse - 269

4. The Market and the Industry - 277
-- The Market for Sexual Explicitness - 277
-- The Motion Picture Indsutry - 278
-- Sexually Explicit Magazines - 280
-- Television - 281
-- The Pornography Industry - 284
-- The Production of Films, Video Tapes,
and Magazines - 284

-- Channels of Distribution - 287
-- The Retail Level - 289
-- The Role of Organized Crime - 291

5. The Question of Harm - 299
-- Matters of Method - 299
---- Harm and Regulation - The Scope of Our Inquiry - 299
---- What Counts as a Harm? - 302
---- The Standard of Proof - 306
---- The Problem of Multiple Causation - 309
---- The Varieties of Evidence - 312
---- The Need to Subdivide - 320
-- Our Conclusions About Harm - 322
---- Sexually Violent Material - 323
---- Nonviolent Materials Depicting - 323
------ Degradation, Domination, Subordination, or
Humiliation - 329

---- Nonviolent and Non-Degrading Materials - 335
---- Nudity - 347
---- The Need for Further Research - 349

6. Laws and Their Enforcement - 353
-- An Overview of the Problem - 353
-- Should Pornography be Regulated by Law? - 354
---- The Question is Deregulation - 354
---- Law Enforcement, Priority, and Multiple Causation - 358
---- The Problem of Underinclusiveness - 360
-- The Criminal Law
---- The Sufficiency of Existing Criminal Laws - 364
---- The Problem of Law Enforcement - 360
-- Federalism - 372
---- What Should be Prosecuted? - 372
---- The Special Prominence of the Printed Word - 381
-- Regulation by Zoning
-- The Civil Rights Approache to Pornography -- 391
-- Obscenity and the Electronic Media - 396
-- Enforcing Both Sides of the Law - 402

7. Child Pornography - 405
-- The Special Horror of Child Pornography - 405
-- Child Pornography as a Cottage Industry - 405
-- Child Pornography, the Law, and the First Amendment -
410

-- Enforcement of the Child Pornography Laws - 415

8. The Role of Private Action - 419
-- The Right to Condemn and the Right to Speak - 419
-- The Methods of Protest - 421
-- The Risks of Excess - 423
-- The Importance of Education and Discussion - 425

PART THREE
1. Introduction - 433
2. Law Enforcement Agencies and the Justice Department -
459

3. Child Pornography - 595
4. Victimization - 737
5. Civil Rights - 747
6. Nuisance Laws - 757
7. Anti-Display Laws - 759

PART FOUR
1. Victimization - 767
2. Performers - 837
3. Social and Behavioral Science Research Analysis - 901
4. Organized Crime - 1037
5. The History of the Regulation of Pornography - 1213
6. First Amendment Considerations - 1263
7. Citizen and Community Action and Corporate
Responsibility - 1313

8. Production and Distribution of Sexually Explicit Materials -
1351

9. The Imagery Found Among Magazines, Books and Films,
in "Adults Only" Pornographic Outlets - 1499

10. Sample Forms - 1803
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
1. Bibliography - 1875
2. Additional Suggested Reading Materials - 1925
3. Staff Listing - 1933

PART SIX
1. Photographs - 1937

APPENDIX A
Commission Charter - 1957
 

1986 AG Report

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