ACLJ's Position
Pornography is a broad term which can be defined as "all sexually oriented material intended primarily to arouse the reader, viewer or listener." Pornography can be categorized into four categories, the first two of which are always illegal:
1) Adult Obscenity ("hard-core" pornography) – The Supreme Court in 1973 declared that "obscenity" is not protected by the Constitution.
2) Child Pornography – Congress and all states have passed laws making illegal visual depictions of children under 18 engaged in sexual conduct.
3) Material Harmful to Minors – Pornography that is not illegal for sale to adults may be illegal when sold to minors.
4) Indecency – Like harmful to minors laws, indecency laws operate to protect children from the harmful effects of pornography. Indecency has been defined by the U.S. Supreme Court as "any language or material that depicts or describes in terms patently offensive as measured by [national] contemporary community standards for the [telephone or] broadcast medium, sexual or excretory activities or organs." F.C.C. v. Pacifica Foundation, (1978).
Unfortunately, pornography of all kinds, much of which would be found illegal by most communities’ standards, is readily available to the public.
Individual communities have the right to regulate pornography and even prohibit it altogether. Many cities have ordinances dealing with pornography that restrict what is sold, where it is sold, and who is able to buy it. By exercising their First Amendment freedom of speech and assembly, individuals can target merchants selling sexually explicit materials and thereby eliminate pornography from a community. Distribution of literature, peaceful protest and picketing are proven techniques for removing pornography.
Another way to limit the availability of pornography in a community is by organizing a community-wide boycott of stores and manufacturers that sell or promote pornography. National boycotts have been very effective against convenience store chains that stock adult magazines and against companies that advertise objectionable magazines.
The fight against pornography is really a community fight. It is a fight that can be won if individuals are willing to take a stand and defend their communities.