Sen. Orrin Hatch, R-Utah, wasn't afraid of asking tough questions during recent Senate Judiciary Committee confirmation hearings for attorney general nominee Michael Mukasey:
Hatch: Turning to the issue of obscenity enforcement, the Justice Department's record of enforcing the laws against adult obscenity has been criticized almost continuously for more than a decade. These cases essentially stopped altogether during the Clinton administration, and, unfortunately, there is not much more to show during the Bush administration.
Just last week, the Los Angeles Times published an article reviewing some of these issues and criticisms. The cases that are brought focused narrowly on the most extreme material rather than on the more mainstream obscenity. And perhaps that narrow approach makes a few convictions more likely, but those convictions have little or no effect on the obscenity industry, and most consumers do not access this extreme fringe material. Now, the larger mainstream obscenity companies will gladly condemn the extreme marginal producers as if by doing so they can take some sort of a moral high ground.
In my view, the Justice Department's obscenity enforcement strategy has been misguided. It focuses on prosecuting too narrow a range of obscene material. Now, in my view, there are too few FBI agents and too few prosecutors around the country initiating investigations and cases in this area. So I am asking you personally to review this policy decision about prosecuting extreme rather than mainstream obscenity and to consider changing it. Would you give some consideration to that?
Mukasey: I certainly will.
Hatch: I would be grateful to you if you would.
Mukasey: I certainly will, and I do so because I recognize that even what is referred to conversationally as "mainstream material" can have an effect of cheapening society, of objectifying women, and of endangering children in a way that we cannot tolerate. Obviously, we are all aware the Supreme Court has put limits on the degree to which we can prosecute for content. But even within those limits, we have to make sure that this stuff does not affect children and does not wind up undermining families.
Hatch: Will you review the allocation of resources and discretion in the FBI field offices to ensure that this area of law enforcement is given the priority it deserves?
Mukasey: I will.
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Thank Sen. Orrin Hatch for making it clear to the attorney general nominee that obscenity prosecutions are a vital function of that office. You may contact him through our Action Center.
