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Justice

GOP Platform Calls For Prosecutors To ‘Vigorously’ Prosecute Porn

Republicans are said to be the party of deregulation, but their platform this year aims to seriously regulate the pornography industry through strict enforcement of laws against porn or other materials deemed “obscene.”

In a copy of the GOP platform expected to be approved this week, one line reads, “Current laws on all forms of pornography and obscenity need to be vigorously enforced,” indicating that Republicans could be on track to try to cut down on Americans’ access to pornography writ large, as opposed to specifically targeting child pornography, which past Republican platforms have done.

This opposition to pornography is consistent with anti-porn pledges signed by presidential candidate Mitt Romney, one of which included the virtually identical language calling for “strict enforcement of our nation’s obscenity laws.” Yet the GOP’s anti-porn platform is far from consistent with its persistent rhetoric about keeping regulation out of the way of job-creating industries:

Though previous Republican platforms have called for increased prosecution of child pornography, this appears to be the first time that the party has called for a crackdown on sexually explicit material involving adults – a multi-billion-dollar industry [...]

The Internet research firm TopTenReviews estimated that adult pornography revenues through magazines, the Internet and video sales and rentals totaled $9.4 billion in 2006.

A widespread crackdown on porn would also be inconsistent with the Constitution. As the Supreme Court explained in Miller v. California, the First Amendment protects pornography unless the material “portray[s] sexual conduct in a patently offensive way” and does not have any “serious literary, artistic, political, or scientific value.”

Romney apparent opposition to pornography has not prevented him from taking big dollar donations from porn industry moguls. Nor will it help him with his base: Men. According to Bloomberg Businessweek, men make up 75 percent of porn site visitors, and they seem to care more about porn than they do about politics: One single porn site received “4.4 billion page views per month. That’s about 10 times as many as the New York Times and three times as many as CNN.com.”

NEWS FLASH

SURVEY: Bareback Porn May Discourage Gay Men From Using Condoms | FS Magazine, published by the UK organization GMFA (formerly Gay Men Fighting AIDS), conducted a survey 1,000 of its gay male readers about the impact of pornography in their lives, including specific questions about bareback sex (anal intercourse without protection). Almost 96 percent reported having seen bareback porn, with 69 percent specifying that they like watching it. Disturbingly, 7 percent said that watching bareback porn has led them to have unprotected sex themselves, with an additional 5 percent saying they’re unsure if they’ve been similarly influenced. Still, over half (53.6 percent) said that they think watching bareback porn influences others to have unprotected sex. According to this survey, bareback porn does seem to influence some gay men’s behavior, but not necessarily at the same rates many believe. This November, Los Angeles County will vote on a ballot initiative to ban the production of pornography featuring sex without condoms.

NEWS FLASH

Yes, Ex-Gay Therapists Do Use Pornography In Their Treatments | As the in-fighting continues within the ex-gay movement over to what extent gay people should be shamed into repressing or denying their identities, more details leak about what treatments these “therapists” are still using. NARTH founder Joseph Nicolosi recently decried claims by Exodus International’s Alan Chambers that he uses porn to help his patients “imagine” having different attractions. In reality, not only did Nicolosi propose a workshop about using gay porn as a means of diminishing same-sex attractions, but when Exodus rejected that proposal, he still talked about such techniques in a different workshop anyway. Warren Throckmorton has the audio and Box Turtle Bulletin explains the bizarre therapy (Eye Movement Desensitization and Reprocessing) in more detail:

LGBT

Bryan Fischer Still Eager To Criminalize Gay Sex Because It’s ‘A Menace To Public Health’

Bryan Fischer, voice of the AFA.

Bryan Fischer is the American Family Association’s no-holds-barred spokesperson, who finds new ways to attack the LGBT community (and plenty of other groups) on a weekly — if not daily — basis. In his latest column, Fischer purports that an effort to ban the portrayal of “barebacking” or any unsafe sex in pornography is actually the gay community trying to criminalize its own sexual practices, which Fischer endorses:

Do not miss the significance of this. A homosexual activist group is leading the charge to re-criminalize gay sex. Gay sex should be contrary to public policy, and it looks like the first steps in that direction are being taken by gay activists themselves. Who could have seen that coming? Perhaps the best thing the pro-family community can do is just get out their way. [...]

We have been saying for years that homosexual behavior ought to be contrary to public policy because it is a menace to public health. We ought to care too much for our citizens to promote behavior that we know is linked to a disease which can destroy human health and shorten life spans. It is callous and indifferent to endorse behavior that we know can be lethal to people we are supposed to love and care for. [...]

So the next logical step is obvious: for the AIDS Healthcare Foundation to propose an ordinance that proposes a fine for any act of unprotected gay sex, whether money changes hands or not, and proposes criminal penalties for repeat offenders. If they care about the health of all homosexuals, not just the ones who do it for money, they can do no less.

The petition in question will expand a Los Angeles law requiring porn actors to wear condoms to 85 other cities in L.A. county (excluding Pasadena, Long Beach, and Vernon, which have their own public health departments). It has important consequences for both the safety of the actors, as well as the cultural impact of the films.

Fischer easily ignores the impact on heterosexual porn, leaping at the opportunity to condemn gay sex as the direct cause — not form of transmission, but cause — of HIV. His motives are clear: criminalize homosexuality itself. Conservatives like Fischer refuse to promote safe sex because they believe in abstinence until opposite-sex marriage, and anything outside of that paradigm is morally wrong. But as offensive as his extreme (and self-plagiarizing) conclusions are, what is perhaps even more offensive is his insensitivity to the history and ongoing threat of HIV infection.

As Mark S. King noted today, the term “barebacking” first appeared as a rebranding for unsafe sex in the mid-1990′s when new medications became available that prevented AIDS from causing near-instant death. According to King, “gay male culture responded with a vengeance,” seeking to erase the ugliness and fear associated with the spread of HIV in favor of a condom-free sexual revolution. New porn companies celebrated and profited off the carnal, using “collegiate jock” types whose “health and vitality” could erase “all evidence of HIV.” But the end result has been to reinforce the invisibility of the HIV/AIDS menace, and the continued high rates of infection among men who have sex with men — not to mention society’s widespread ignorance about the virus — are the disastrous consequences.

What Fischer unsurprisingly doesn’t appreciate is that promoting safe sex among gay men is good for the health of the gay community. He instead offers a false dichotomy of two anti-gay solutions: let gay people suffer AIDS as God’s punishment for having sex or punish gay sex as “domestic terrorism“ under the law. Fortunately, reality offers solutions that actually affirm the lives of gay people and their well-being.

Alyssa

India Shuts Down ‘The Dirty Picture’—And Discussions About Women In Media

One of the salutary effects of reading entertainment industry trade publications is that every time I get depressed about our abilities to have serious conversations about major issues in American entertainment, I get a very specific reminder of the fact that things are much, much worse elsewhere. Today’s reminder comes from India, where the Information and Broadcasting Ministry has shut down the broadcast of a movie called The Dirty Picture. While the title might suggest otherwise, this isn’t like the Scary Movie franchise (though such a thing would be pretty entertaining to watch). Instead, it’s a biopic about Indian actress Silk Smitha. And specifically, it’s about the fact that Smitha was typecast into what, by Indian standards, counts as soft-core pornography even though she garnered critical acclaim for more straightforward work. And the televised broadcast of the movie’s been shut down precisely for its exploration of themes like typecasting and the way women can get trapped in their looks:

While The Dirty Picture does not show any graphic nudity, the film had run into controversies even before its theatrical release for its bold portrayal of a struggling starlet making it big as a sex symbol. Last week, a lawyer from the central Indian town of Nagpur filed a court order seeking a ban on the film’s telecast since it “contained obscene shots.” But the High Court cleared SET to go ahead with the screening after the I&B Ministry and the Central Board of Film Certification stated that the film had been re-edited with over 50 cuts.

“Whatever is shown on TV – whether it is a film, a serial or a commercial – has to be as per the program code of the Cable Television Network Regulation Act. As per the code, films that have U/A rating can be shown on TV… Some films have adult themes and the treatment and public perception is such that even after making many cuts the film retains its mature theme,” CBFC CEO Pankaja Thakur told a newspaper defending the government’s directive to reschedule the film after 11 p.m.. But Thakur also added that the incident will force the CBFC “to look at the whole process of cutting an adult film to make it suitable to be watched by children.”

I should note that The Dirty Picture did get theatrical play, and its director, Milan Luthria, has pointed out that it’s ridiculous that an extremely edited version of the movie, which would have aired at night and with significant notices of its rating, can live in theaters but is barred from broadcast. It’s a reminder that what counts as brave and what counts as difficult discussions aren’t the same everywhere. We take for granted a lot of what we can depict and what we can discuss.

LGBT

Top 10 Highlights From NOM’s Race-Wedging, Donor-Hiding, Victim-Playing Confidential Strategies

The fallout has begun from the National Organization for Marriage’s failed attempt to circumvent Maine’s campaign finance disclosure laws. The Human Rights Campaign has published four of NOM’s confidential strategic memos from 2009, which explicitly confirm many of the insidious tactics LGBT bloggers have been documenting for years. Most alarming from the memos is NOM’s admission that it has tried “to drive a wedge between gays and blacks” and also specifically targeted Latino groups with its messaging.

Here are some of the highlights of NOM’s tactics found in the new documents:

  1. “Drive a wedge between gays and blacks” by convincing them to fight over the language of “civil rights.”
  2. Bait Latino voters to oppose marriage equality as “a symbol of resistance to inappropriate assimilation.”
  3. Interrupt the “attempt to equate…sexual orientation with race” so that marriage inequality is not perceived as discrimination.
  4. Draw attention to the “bigotry and intolerance” displayed by equality advocates and “document the victims” through a rapid response media team.
  5. Emphasize the importance of “religious liberties” to limit the impact of marriage equality’s legislative advancements.
  6. “Develop side issues to weaken pro-gay marriage political leaders” like pornography, “protection of children” and religious liberty at the federal level.
  7. Expose Obama administration programs that “have the effect of sexualizing young children” or threatening “childhood innocence.”
  8. “Find, train, and equip young leaders” to become a “next generation of elites” capable of opposing marriage equality.
  9. Foster closer relationships with Catholic bishops to “equip, energize, and moralize Catholic priests on the marriage issue.”
  10. Focus on “the consequences of gay marriage for parental rights.”

In addition, one of the memos confides, “most of the world may never know the crucial role that NOM played in the Prop 8 campaign.” In fact, throughout the memos, NOM emphasizes its intent to infuse large sums of money into various state-level campaigns in ways that circumvent donor disclosure.

None of these revelations is particularly surprising, as they have all been quite evident, but to see them in writing is nevertheless distressing. That NOM explicitly thought about the way it could divide and conquer racial groups and scare conservatives into protecting their religious liberty demonstrates just how motivated the organization is by animus against the advancement of the LGBT community.

Check back for more in-depth analysis of these documents and NOM’s treacherous tactics to oppose the freedom to marry.

Update

Expanded coverage of NOM’s strategy memos can be found in these supplemental posts:

Politics

Romney Signs Anti-Porn Pledge, Ignores Demand To Return Contribution From ‘Hardcore’ Pornographer

Last month, three of the four current Republican presidential contenders responded to a survey from the group Morality in Media’s War on Illegal Pornography campaign. They all agreed to get aggressive with violators of federal obscenity laws if elected president. Mitt Romney specifically said he would be for “strict enforcement of our nation’s obscenity laws, as well as the promotion of parental software controls that guard our children from Internet pornography.”

But campaign filings show that, last September, Romney accepted the maximum campaign contribution of $2,500 from Daniel Staton, the chairman of Friend Finder Networks Inc. that owns —among several other properties — Penthouse, BDSM sites like Bondage.com and BDSM.com, and LikeMyNudePhoto.com. Romney also accepted $2,000 from Staton and an additional $2,300 from Friend Finder Network CEO Marc Bell during his failed 2008 presidential campaign.

Of course, Penthouse and the handful of similar companies overseen by Staton are top targets of the War on Illegal Pornography campaign, and would suffer dramatically under the “strict enforcement of our nation’s obscenity laws” that Romney promised to uphold.

In a statement issued to ThinkProgress, Patrick Trueman, the President and CEO of Morality in the Media, said Romney should return the contributions from Staton:

While Governor Romney cannot police all activities of his donors to determine whether to accept or reject donations, he would do well to return contributions from those like Daniel Staton who are know [sic] to own obscene or hardcore pornography websites once such contributions are called to his attention. We have no reason to disbelieve Mr. Romney regarding his pledge.

Trueman told us that he hopes “to be in touch with [Romney's] campaign over the next week or two and will raise” his concerns.

Morality in Media seeks to dramatically reduce the proliferation of pornography by demanding lawmakers uphold existing federal laws. In a post on their website, the campaign explains that “harm from adult pornography is at pandemic levels,” and claims that pornographic videos, magazines and websites are to blame for a significant number of broken marriages and leads to addiction among “many” children and adults.

As ThinkProgress and several others have reported, right-wing campaigns that call for the strict enforcement of existing obscenity laws aren’t so much looking to rein in the proliferation of pornography as they are seeking to ban it outright.

NEWS FLASH

Rights Group To Iran: Halt Execution Of Computer Programmer | The International Campaign for Human Rights in Iran (ICHRI) today called on the Iranian government to halt the execution of Canadian resident Saeed Malekpour and look into allegations of his torture at the hands of authorities. “Malekpour’s death sentence is a shocking abuse of the death penalty and shows a lack of understanding of the work of a web programmer,” said ICHIRI spokesman Hadi Ghaemi. The New York-based group wrote that Malekpour was charged with “insulting Islamic sanctities” because a program he designed for image sharing had been used to distribute pornographic materials. Initially arrested in 2008, Malekpour confessed to crimes on television, but later wrote a letter describing harsh interrogation conditions, including 12 months of solitary confinement. The Iranian Supreme Court on Monday upheld the death sentence. Iran executes more people than any nation in the world other than China.

Alyssa

Intermission

The bridge is yours.

-Great background on and analysis of the decency case argued before the Supreme Court yesterday.

-For Downton Abbey fans, this piece about Virginia Woolf’s relationship with her cook is a fascinating read.

-We are, apparently, getting an Into the Woods movie.

-As usual, Caitlin Flanagan makes with the totalizing, but there is interesting stuff in her review of Blue Nights.

-Why is Hollywood suddenly so nuts for Linda Lovelace?

Politics

Three Leading GOP Presidential Nominees Pledge To Be Tough On Porn

Last October, Morality In Media (MIM), the “leading national organization opposing pornography and indecency through public education and the application of the law,” launched an effort to get presidential candidates in both major parties to commit to strict enforcement of obscenity laws. In both face-to-face meetings and written statements, three candidates made this pledge: Newt Gingrich, Mitt Romney, and Rick Santorum.

Here are the three statements the candidates provided to MIM promising to be tough on porn:

Former Senator Rick Santorum in a written statement:

Federal obscenity laws should be vigorously enforced. If elected President, I will appoint an Attorney General who will do so.”

Former Governor Mitt Romney in a written statement:

“(I)t is imperative that we cultivate the promotion of fundamental family values. This can be accomplished with increased parental involvement and enhanced supervision of our children. It includes strict enforcement of our nation’s obscenity laws, as well as the promotion of parental software controls that guard our children from Internet pornography.”

Former Speaker Newt Gingrich in a face-to-face meeting:

When MIM’s Executive Director Dawn Hawkins asked former Speaker Gingrich if he will enforce existing laws that make distribution of hard-core adult pornography illegal, he responded: “Yes, I will appoint an Attorney General who will enforce these laws.”

Patrick Trueman, MIM’s President and a former Department of Justice official in the Reagan and Bush I administrations, said that “our nation is suffering a pandemic of harm from pornography that is readily available,” and that “pornography is a common cause of the destruction of marriage. It leads to misogyny and violence against women and is a contributing factor in sexual trafficking.”

Whatever one’s view is on pornography and obscenity, one would hope that if the GOP candidates can take the time to endorse MIM’s war on porn, that they could also endorse progressive policies that would be guaranteed to strengthen families. These include mandating paid vacation days — the United States is the only developed nation that lacks them — sick leave, parental leave, and other policies that allow families time to spend together.

Update

ThinkProgress has previously explained how right-wing efforts to vigorously enforce obscenity laws would effectively ban all pornography.

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