Amicus Curiae Brief — Massachusetts v. Oakes
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No. 87-1651 CLERK
In The
Supreme Court of the United States
October Term, 1987
COMMONWEALTH OF MASSACHUSETTS,
Petitioner,
Vs.
DOUGLAS OAKES,
Respondent.
On Petition For
A Writ Of Certiorari To
The Supreme Judicial Court
of Massachusetts
BRIEF AMICUS CURIAE OF
CITIZENS FOR DECENCY THROUGH LAW, INC.
IN SUPPORT OF PETITIONER
BRUCE A. TAYLOR
2845 E. Camelback Road
Suite 740
Phoenix, Arizona 85016
(602) 381-1322
Counsel of Record
For Amicus Curiae
TABLE OF CONTENTS
Page
TABLE OF AUTHORITIES.............. ii
INTEREST OF CDL AS AMICUS CURIAE.. 1
LAW AND ARGUMENT.............000-. 5
Proposition of Law:
I.
POST-PUBESCENT MINOR FEMALE
BREASTS ARE PRIVATE SEXUAL
AREAS ENTITLED TO THE
PROTECTION OF LAW FROM
SEXUAL EXPLOITATION, AND
THE DECISION OF THE SUPREME
JUDICIAL COURT OF MASSACHU-
SETTS VIOLATES THE CIVIL
RIGHTS OF MINOR FEMALES BY
FAILING TO EXTEND SUCH
PROTECTION IN THAT REGARD.
The Sexual Exploitation Of Child
Nudity Is A Legitimate Subject
Of Legislative Acts........... 9
The Court Below Erred In
Striking The Statute As Over-
broad On DU cscs eececes 29
The Rights Of Minor Females To
Be Free Of Sexual Exploitation
Outweighs Any Expressive Use Of
Such Exploitation.........see- 37
CONCLUSION. . cccccccccccccccccccece 45
TABLE OF AUTHORITIES
Arcara v. Cloud Books,
Ed. eee
on remand,
503 N.E.2d 492 (N.Y. 1986)....
Bradfield v. Blesma,
.oupp. -D. Mich.
) Sree
BSA, Inc. v. King Count
BOG 7. Td TI0 toch Cir. 1986).
Cabaret Enterprises v. A.B.C.
Comm*n.
468 N. E.2d 612 (Mass. 1984)...
California v. La Rue,
ies ee eee
Chapin v. Twon of Southhampton,
ay, F. Supp. 1170 ; a Y
ii
City of Renton v. Playtime
Theatre, inc
oe = «|
414 WN.E.2d 378 (Mass. App.
Commonwealth v.Oakes,
ass. 1988).....
D.C. v. City of St. Lcuis,
795 F.2d E55 (8th Cir. 1986)....
Doran v. Salem Inn,
° ) ) ea
Dyd v. Dept. of Liquor Control,
sat A.2d 7% (Conn. App. 1987)..
Erhardt v. State,
(Ind. 1984)......
Expo, Inc. v. City of Passaic,
vk A.2d 1045 (Noy. Super.
Felton v. State,
) ee Mee, SOOSP.......
Fillingim v. Boone
835 ar 1389 (llth Cir. 1988)..
iii
BPO Pc cccecccccces
23
23
23
Page
Gabriel v. Town of Old Orchard Beach,
Mute BEVEPeaceoece 23
Ginsberg v. New York, .
) oeeeeveeeeveeee -
ee
Globe Newspaper Co. v. Superior Court,
457 U.S. 356 DU chisles 6 60a 6¢ 6 12
Goldstein v. Allain,
.Supp. 1377 (N.D. Miss.
Dt pCi hee sk tes pe ececees 43
Guinther v. Wilkinson,
.Supp. 1066 (D. Utah
ijt ieee ens ce eeeooecces 23
+} ) eee ee 20
Hopfmann v. Connolly,
val U.S. 459 TSBs) ee Sere 20
Intern. Food & Beverage Systems v.
City of Ft. Lauderdale,
75% F.2d 1520 (llth Cir. 1986).. 23
J-R Distributors v. Eikenberry,
725 Wk2d 482 (oth Cir. TOBE... 43
KEV, Inc. v. Kitsap County,
753 F.2d 1053 (9th Cir. 1986.... 23
iv
Little v. City of Greenfield,
.Supp. 656 (E.D. Wisc.
hae vee eeee ene 33-
34,42
Mishkin v. New York,
° ot Fn eae 66668 6 42
Mitchell v. Superior Court,
203 Cal.Rptr. 379 (Cal. App.
Date ebedeeeseeecbeucvceocece 22
Mr. B's Bar and Lounge v.
City of Louisville,
E50 S.W.2d 564 (Ky. App. 1981).. 23
New York v. Ferber,
0 eee 6,8,
12,28,30,35-36,40, 42
on remand,
441 N.E.2d 1100 (N.Y. 1982)..... 26
New York v. P.J. Video,
B89 L.Ed.2d 871 (1986)........... 26
on remand,
501 N.E.2d 556 (N.Y. 1986)...... 26
New York State Liquor Authority
v.bellanca,
ee | Os cc cecoce 17,19
on remand,
429 N.E.2d 765 (N.Y. 1981)...... 26
O'Day v. King County,
715 P.2d ty (Wash. ae 21,22
Vv
Paris Adult Theatre v. Slaton,
De Wale We BENT SES occ ceercccces 22,28
Parker v. Levy,
Inc. v. District Attorney,
People v. Geever,
357 N.E.2d 1200 (I11. 1988)..... 38
People v. Wilson,
251 N. W. 2d 73 (Mich App. 1980).. 23
Pinkus v. United States,
P.B.I.C.
ins nenbeeue 42
Prince v. Massachusetts
COPE PeT TT eT 12
Roth v. U.S.,
Sees Dc cc wcebas 10,
19,42
Schad v. Borough of Mt. Ephriam,
8 %& Se ee, | t Pe 17-
18,22
SDJ, Inc. v. City of Houston,
337 F.2d 1268 (Sth Cir. 1988)... 23
Smith v. United States,
South Florida Free Beaches, Inc. v.
city of Miami,
; 8 (llth Cir. 1984)... 25
vi
State v. Baysinger,
397 WETS 330 > Ro, ) ee 19-
20,22
State v. House,
a.) Pare 22
State v. Meadows,
CERES LFSC) ocsces 38
State v. Modeen,
4 (Ohio 1986)...... 38
State v. Robinson,
(Ohio 1986)...... 38
State v. Turner,
2 (Minn. App.
State v. Young,
37 Ohio oer) ie. Ee 39-40
Ward v. Illinois,
og SPrrrrrrr rT 33
Watson v. Buck, |
De ee Ee REOMAD sc cs seccccee’s 44
Wayside Rest. v. City of
visgisis Beach,
B CVG. 2976). ccccece 24
Williams v. Kleppe,
539 F.2d 803 tist Sats Berebeccses OF
Young v. American Mini Theatres,
ie ee ) rer eee il
vii
Younger v. Harris,
rap U.S. 37 (1971) 44
Reisman, Dr. Judith,"Executive Summary:
Images of Children, Crime and Violence
ir Playboy, Penthouse and Hustler
PEN cote ccceeccecesesescene 14-16
viii
Die
INTEREST OF CDL AS AMICUS CURIAE
Consent
Citizens for Decency through Law,
Inc. (CDL) has received consent of the
parties to the filing of this brief
amicus curiae. Consent of Respondent
was received from his attorney, Mr.
Richard Vita, Esq., and of Petitioner,
from the Attorney General of
Massachusetts.
CDL's Interest in This Case
Citizens for Decency through Law,
Inc. (CDL) was founded in 1957 by
Charles H Keating, Jr. to provide a
means for lawyers to assist prosecutors
and police in enforcing and defending
obscenity laws, to assist public
officials improve and adopt
alte
constitutional statutes and ordinances,
and to assist local citizens and
community leaders understand the role of
the law and legal system in dealing with
the social issue of pornography and
sexual exploitation. CDL has a staff of
former prosecuting attorneys with
experience in obscenity cases which is
available for this purpose. Mr. Keating
and CDL have filed over fifty briefs on
the merits and as amicus in the U.S.
Supreme Court and have participated in
trials and appeals in many states on the
side of government and law enforcement
officials. CDL also has affiliated
chapters, all across this country, of
independent citizens who wish to share
in the experience of our staff. Such
chapters and other citizens groups
maintain their own structure and local
objectives, but are advised by CDL of
the legal precedent in their home
én
states and other jurisdictions where
legal issues are decided that affect
local action. Although citizens usually
desire fast and certain solutions to
their perceived problems, and often
misunderstand the restrictions of the
law and Constitution on such solutions,
CDL maintains that the law can deal
effectively with criminal abuses of
prostitution, live sexual
commercialization, and hard-core
pornography. Child pornography is not
such a publicly flaunted crime, however,
and efforts to deal with its insideous
evils are more complicated. The
prevention of sexual exploitation of
minors requires more extensive solutions
and methods than merely attempting to
control the traffic in the photographs
of child abuse which take the form of
sexual conduct and lewd exhibition of
the genitals by minors.
site
Massachusetts sought to protect
minors from such conduct and from the
exploitation of sexually oriented nudity
by minors.
CDL desires that this Court
recognize this protection and the
legitimate reach of child pornography
laws to child nudity and submits this
discussion of a few related issues
involved in this decision.
* * *
LAW AND ARGUMENT
Proposition of Law:
I. POST-PUBESCENT MINOR FEMALE BREASTS
ARE PRIVATE SEXUAL AREAS ENTITLED
TO THE PROTECTION OF LAW FROM
SEXUAL EXPLOITATION, AND THE
DECISION OF THE SUPREME JUDICIAL
COURT OF MASSACHUSETTS VIOLATES
THE CIVIL RIGHTS OF MINOR FEMALES
BY FAILING TO EXTEND SUCH PROTECTION
IN THAT REGARD.
In the case of pre-pubescent
children, both boys and girls have only
one private sexual area, which is the
genital or pubic area. A photograph of
a five or ten-year-old girl with only
her chest area visible is not “child
pornography" since her breasts are not
yet developed as sexual organs or
private parts. In this regard, pictures
of pre-pubescent boys and girls are the
same. Only their genital areas are
private parts protected by sexual
exploitation laws such as that of
o$e
Massachusetts, and that of New York as
reviewed in New York v. Ferber, 458 U.S.
747, at 751 (1982).
The Massachusetts law under review,
Section 29A, — term "nudity" as
defined in Section 31 of the Mass.
General Laws, and is set out by the
Court below in Commonwealth v. Oakes,
401 Mass. 602, 518 N.E.2d 836, at 837,
n.2 (Mass. 1988):
"(NJudity" means "uncovered or
less than opaquely covered
post-pubertal human genitals,
pubic areas, the post-pubertal
human female breasts below a
point immediately above the
top of the areola, or the
covered male genitals in a
discernibly turgid state. For
purposes of this definition a
female breast is considered
uncovered if the nipple or the
nipple or areola only are covered.
In the case of pre-pubertal
ersons nudity shall mean
uncovered or OL than
Opaguely covered pre-pubertal
human genitals or pubic area."
TEmphasis added. ]
Several states have child
pornography statutes which, like
abe
——————————
oe
|
eta at
et ey ily A sp ct Aly NO A A EO LOIS
i]
:
Massachusetts, include the exhibition of
minor female breasts as sexual
exploitation (many of which are
limited to sexually stimulating or
erotic oriented exhibitions): Alabama,
Colorado, Connecticut, Idaho, Lowa,
Kansas, Kentucky, Maryland, Michigan,
Mississippi, Nebraska, New Hampshire,
Ohio, Pennsylvania, South Dakota, Utah,
and Virginia. These laws may also be
affected by this Court's decision in
setting the scope of the Massachusetts
statute.
Massachusetts law carefully
distinguished between pre-pubescent
private genital areas and post-pubertal
genital and female breasts areas.
Amicus submits that minor females
between the age of puberty and adulthood
are entitled to the protection of law
from having their breasts sexually
exploited, and it is a violation of
ate
their civil rights to exclude these
private parts from the reach of child
sexual exploitation laws. Just as
Congress has an interest in the civil
rights of minorities, and therefore the
power to pass statutes such as 42 U.S.C.
Sections 1983 and 1985, the states have
a compelling interest in the privacy
rights of minors, and therefore the |
power to pass child pornography and
exploitation statues such as those in
New York and Massachusetts. See:
Brown v. Board of Education, 347 U.S.
483 (1954); New York v. Ferber, supra;
Ginsberg v. New York, 390 U.S. 629
(1968). See also: Annotation:
Application of Civil Rights Act to
Discrimination in Places of
Entertainment, 7 A.L.R. Fed. 415.
a aaaeeaEyEyE=——_”--~—-—
no tw ee
a eens -
{
F
-
:
;
:
A. The Sexual Exploitation
OF Child Nudity Is A
Legitimate Subject Of
egisiative cts.
In Ginsberg, supra, this Court
upheld New York's right oe prohibit
sales to minors of visual
representations of "nudity, sexual
conduct or sado-masochistic abuse" which
are “harmful to minors". Nudity was
defined in the New York law in a similar
scope as that of Massachusetts Section
31. See: Ginsburg, 390 U.S. at 645.
The New York “harmful to minors" law was
held not vague because it employed a
test similar to that of obscenity and
therefore gave adequate notice of its
meaning and reach. The scienter element
also prevented innocent applications and
provided due process. Ginsberg, at
643-44.
The New York law prevented sales to
minors of materials "harmful" to them
se
jean ale te alae igi CN eat tie AE A =
because "The State also has an
independent interest in the well-being
of its youth." Id. at 640. This
interest does not depend on the
supervision of parents and allows the
states to act on behalf of and in loco
parentis to children with reasonable and
objective protections. The "harmful to
minors" laws rightfully condemn material
that is "a basic factor in impairing the
ethical and moral development of our
youth and a clear and present danger to
the people of the state”. Id. at 641.
"Obscenity" laws do not have to meet the
“clear and present danger” test because
obscenity is unprotected by the First
Amendment. Id. at 641, citing Roth v.
U.S., 354 U.S. 476, at 486-87 1957). Nor
did the federal broadcasting statute,
since “indecency” is unprotected in mass
communications media such as radio and
television. F.C.C. v. Pacifica, 438
site
U.S. 726 (1978). Child pornography as
defined in Ferber is also unprotected
and need not vass this stricter test.
Where the actual sexual exploitation of
minors does constitute a
"clear and present danger" to them and
the people of the state, as New York
found in passing the Ginsberg statute
(Ginsberg at 641), and as this Court
recognized as a "governmental objective
of surpassing importance” in Ferber at
757, the extension in the Massachusetts
statute under review is justified.
State legislatures "must be allowed
a reasonable opportunity to experiment
with solutions to admittedly serious
problems", as this Court recognized in
Young v. American Mini Theatres, 427
U.S. 50, at 71 (1976). As applied in
this case, the Massachusetts law
provides reasonable assistance in
“safeguarding the physical and
aife
EE OEE
.
;
-
§
:
psychological well-being of a minor"
which was admitted to be a "compelling"
interest in Globe Newspaper Co. v.
Superior Court, 457 U.S. 596, at 607
(1982). The seriousness of the problem
with many forms of child exploitation is
also underscored by the caveat in Prince
v. Massachusetts, 321 U.S. 158, at 168
(1944):
A democratic society rests,
for its continuance, upon the
healthy, well-rounded growth
of young people into full
maturity as citizens, with all
that implies. It may secure
this against impeding
restraints and dangers within
a broad range of selection.
The studies and research of
doctors, therapists, and other
professionals in the field of child
development and abuse were accepted in
Ferber at 758-61, and f£n.9-13, as
supporting the "legislative judgment"
that "the use of children as subjects of
pornographic materials is harmful to the
-12-
physiological, emotional, and mental
health of the child". See also the
Brief Amicus Curiae filed by Covenant
House in Ferber on Sept 9, 1981.
The Court accepted similar findings
in Ginsberg, at 641-42, and fn.10, and
quoted Dr. Gaylin on an important point
central to the issue now before this
Court:
"(P]sychiatrists... made a
distinction between the
reading of pornography, as
unlikely to be per se harmful,
and the permitting of the
reading of pornography, which
was conceived as potentially
destructive. The child is
protected in his reading of
pecan’ by the knowledge
that it is pornographic, i.e.,
disapproved. It is outside of
parental standards and not a
part of his identification
processes. To openly permit
implies parental approval and
even suggests seductive
encouragement. If this is so
of parental approval, it is
equally so of societal
approval-another potent
influence on the developing
ego."
ehSa
A recent study by Dr. Judith
Reisman for the U.S. Department of
Justice, Office of Juvenile Justice and
Delinquency Prevention (1987), proves
that use of minors in media and men's
magazines, and use of adults to portray
minors for sexual arousal in such
materials, has a devastating impact on
youth by sexualizing them in the minds
of adults and that this puts minor
children at great risk of sexual
exploitation and abuse. This study is
reproduced as an Appendix hereto and is
entitled "Executive Summary: Images of
Children, Crime and Violence in Playboy,
Penthouse and Hustler Magazines". This
study has generated much controversy,
and understandable criticism from the
pornographic men's magazines and the
American Civil Liberties Union, but its
logic and proof speak for themselves, as
a reading of the report will show. See
elie
also the letter of Mr. John Rabun of the
National Center for Missing and
Exploited Children, which is also
reproduced at page 43 of the Appendix
hereto.
The Justice Department recognized
that some of the illustrations in the
report could fit within the scope of
federal child pornography laws and this
speaks clearly for the serious issue
involved. These images were taken from
publicly sold magazines and must be
treated sensitively in scientific
reports. The law shou)@ enforce the
same sensitivity in the public
marketplace where these pictures
originally appeared. A reproduction of
this letter from the D.0.J. is also
included at page 46 of the Appendix
hereto. To prevent further exposure,
the photographs in the Reisman report
were not reproduced in this Appendix.
oitin
(Forty copies of the full report have
been lodged with the Clerk of this
Court.) The study is particularly
relevant here, since this case involved
the Defendant-Respondent's taking of
similar photos of his fourteen-year-old
step-daughter under circumstances which
indicate the photos, or other ones of
the young woman, would someday have been
published in one of these so-called
"men's sophisticate magazines", also
known as "soft-core porn magazines".
The harm in this should be obvious and
the legislative interest clear.
The Massachusetts Legislature
sought to protect pre-pubescent minors
from exploitation of their genital areas
and to protect post-pubescent minors
from exploitation of the genitals of
teenage boys and of the genitals and
breasts of teenage girls. This
statutory structure encompasses the
aitie
a
private sexual areas of children at
their respective stages of development
and recognizes the privacy interests the
different sexes have at these ages.
That female breasts are recognized
as private sexual parts is beyond
question. To remove protection from
post-pubescent minor females to have
their breasts considered private sexual
areas in child pornography laws would be
to deny them Equal Protection.
In California v. La Rue, 409 U.S.
109 (1972), this Court upheld the right
of the states to ban "topless", as well
as "bottomless", dancing by females in
liquor establishments. This judgment
was re-affirmed in New York State Liquor
Authority v. Bellanca, 452 U.S. 714
(1981), and City of Newport v.
Iacobucci, 479 U.S. , 93 L.Ed.2d 334
(1986). These decisions were not
changed by that of Schad v. Borough of
oh Pun
Mt. Ephriam, 452 U.S. 61 (1981) where
this Court said live entertainment, even
if involving nudity, could not be
arbitrarily discriminated against
without an analysis of First Amendment
and Equal Protection principles. The
Court in Shad, at 66, did not rule that
nude dancing was protected speech, nor
did the Court in Doran v. Salem Inn, 422
U.S. 922, 932-33 (1975), but only ruled
that a state or city could not
pre-censor all such conduct without a
rational basis directed at the specific
conduct involved. Like the presumption
of innocence in all criminal cases, a
person's conduct may not be protected or
lawful, but the government cannot treat
him as if his conduct is totally
unprotected or unlawful without due
process. Public and commercial nudity
is neither protected nor unprotected per
se, the context determines the
difference.
-18-
Justice Douglas and Black agreed in
dissent that "no one would suggest that
: the First Amendment permits nudity in
public places". Roth, 354 U.S. at 512.
Likewise, no one should suggest that a
young woman of 14 or 17 can dance
"topless" in a bar or walk "topless" on
a beach or down a city street. The
Supreme Court of Indiana upheld that
state's indecent exposure statute as
applied to prohibit "topless" and
"bottomless" dancing in bars,
independent of the Twenty-First
Amendment considerations of La Rue and
Bellanca. In State v. Baysinger, 397
N.E.2d. 580 (Ind. 1979), the Court held
that bars are public places (like they
. are in “civil rights" laws) and that
women have no First Amendment right to
expose their private parts (breasts or
genitals) there, even for consenting
-19-
male voyeurs. As stated by the Court at
| 397 N.E.2d, 587:
Under our statutes and case
law, public nudity itself,
regardless of a showing of
obscenity, is conduct which
traditionally has been held to
be public indecency, which is
within the power of the
legislature to prohibit.
There is no right to appear
nude in public.... In the
cases before us it is clear
the activity involved is
appearing nude or dancing in
the nude in bars and is
conduct.... The governmental
interest in prohibiting
conduct that has long been
recognized as public indecency
is unrelated to the
suppression of free speech.
This judgment was affirmed on the merits
by this Court in dismissing the appeal
in Baysinger, for want of a substantial
federal question, sub nom Clark v.
Indiana, 446 U.S. 931 (1980). See:
Hicks v. Miranda, 422 U.S. 332, at 344
(1975); Hopfmann v. Connolly, 471 U.S.
459, 460 (1985).
-20-
The Basinger rule was also upheld
as applied to the "Miss Erotica of Fort
Wayne" contest at Cinema Blue Theatre in
Erhardt v. State, 468 N.E.2d 224 (Ind.
1984).
In O'Day v. King County, 749 P.2d
142, 147-48 (Wash. 1988), the Supreme
Court of Washington limited a county
ordinance regulation on nude
entertainment to "pure conduct and
obscene expression", and upheld its
reach to nude conduct involving genitals
and female breasts only within narrow
limits. See also: BSA, Inc. v. King
County, 804 F.2d 1104, 1106-08
(9th Cir. 1986).
Many courts assume that nude
dancing is protected expression and
can only be subject to limited time,
place, and manner restrictions. Amicus
submits that the states need not
restrict indecent exposure and
afte
commercial nudity laws so narrowly in
response to this Court's decisions in
Schad and Salem Inn, supra, as was done in
O'Day v. King County, but that nude
"entertainment" of the type in “topless
bars", "nude bottle clubs", and even
"porno houses" can be prohibited as
unprotected conduct under the rule of
Baysinger.
Actual sex acts on stage need not
be the logical progression of these
rulings, as in Mitchell v. Superior
Court, 203 Cal.Rptr. 379 (Cal. App.
1984), and State v. House, 698 P.2d 951
(Or. 1985), before the state can protect
its interests in public morality against
commercial live sex shows. Modern "bump
and grind" nude shows are as much the
"crass commercial exploitation of sex"
as are obscene pictures of such acts.
See: Paris Adult Theatre v. Slaton, 413
U.S. 49, at 63, 67 (1973). See also:
-22-
SDJ, Inc. v. City of Houston, 837 F.2d
1268 (5th Cir. 1988); Fillingim v.
Boone, 835 F.2d 1389 (llth Cir. 1988);
D.C. v. City of St. Louis, 795 F.2d 652
(8th Cir. 1986); Intern. Food & Beverage
Systems v. City of Ft. Lauderdale, 794
F.2d 1520 (llth Cir. 1986); KEV, Inc. v.
Kitsap County, 793 F.2d 1053 (9th Cir.
1986); Guinther v. Wilkinson, 679
F.Supp. 1066 (D. Utah 1988); Bradfield
v. Blesma, 675 F.Supp. 382 (W.D. ich.
1987); Little v. City of Greenfield, 575
F.Supp. 656 (E.D. Wisc. 1983); Dydyn v.
Dept. of Liquor Control, 531 A.2d 170
(Conn. App. 1987); City of Daytona Beach
v. Percio, 476 Sc.2d 197 (Fla. 1985);
Morris v. Municipal Court, 652 P.2d 51
(Cal. 1982); Mr. B's Bar and Lounge v.
City of Louisville, 630 S.W.2d 564 (Ky.
App. 1981); People v. Wilson, 291 N.W.2d
73 (Mich. App. 1980); Gabriel v. Town of
Old Orchard Beach, 375 A.2d 1065 (Me.
-23-
1978); Expo, Inc. v. City of Passaic,
373 A.2d 1045 (N.J. Super. 1977);
Wayside Rest. v. City of Virginia Beach,
208 S.E.2d 51 (Va. 1974).
Massachusetts has not escaped the
problem of deciding if commercial sex
and nudity are "protected" expressions.
Cabaret Enterprises v. A.B.C. Comm'n.,
468 N.E.2d 612 (Mass. 1984) (La Rue -
Bellanca type law struck down on state
constitutional grounds); Commonwealth v.
Kocinski, 414 N.E.2d 378 (Mass. App.
1981) (obscenity convictions affirmed
where bar "dancers" exposed and touched
genitals and breasts); P.B.I.C., Inc. v.
District Attorney, 258 N.E.2d 82 (Mass.
1970) (stage play "Hair" not enjoinable,
since not "lewd and lacivious", but
injunction issued to prevent nudity and
simulated sex).
Whatever “constitutional” problems
exist in deciding whether paying young
-24-
women to "dance" nude or semi-nude so
bar patrons or "club members" can stare
at their genitals or breasts while
eating or drinking have not hampered the
courts in upholding the police power of
cities to prohibit topless or nude
“sunbathing” in public. See: South
Florida Free Beaches, Inc. v. City of
Miami, 734 F.2d 608 (llth Cir. 1984);
Williams v. Kleppe, 539 F.2d 803 (lst
Cir. 1976); Chapin v. Town of
Southhampton, 457 F.Supp. 1170 (E.D.
N.Y. 1978); State v. Turner, 382 N.W.2d
252 (Minn. App. 1986).
Whatever their reach and scope,
all these laws apply to male and female
genitals and female breasts, and would
cover all adults and post-pubertal
minors. No one would suggest that
teenage women can go "topless" on a
public beach or in a public place or
business, and the reason is that their
-25-
private parts include their breasts
every bit as much as they do when women
reach the age of majority. No
artificial distinctions should be made in
the case of child pornography and sexual
exploitation laws either.
The state courts, on remand from
this Court, have refused to follow the
decision on constitutional grounds
issued in several important cases, and
have denied the people and law
enforcement much needed remedies. See
the remand decisions in New York State
Liquor Authority v. Bellanca, supra, at
445 N.Y.S.2d 87, 429 N.E.2d 765 (N.Y. 1981);
New York v. Ferber, supra, at 455
N.Y¥.S.2d 582, 441 N.E.2d 1100 (N.Y. 1982);
New York v. P.J. Video, 475 U.S. __, 89
L.Ed.2d 871 (1986), at 508 N.Y.S.2d 907,
501 N.E.2d 556 (N.Y. 1986); Arcara v.
Cloud Books, 478 U.S. ___, 92 L.Ed.2d
568 (1986), at 510 N.Y.S.2d 844, 503
-26-
N.E.2d 492 (N.Y. 1986). Such a result
could be avoided here by a ruling by
this Court in terms of the civil rights
of post-pubescent minor females to the
Equal Protection of their private sexual
areas. It is discriminatory to protect
all of a minor boy's privates (genitals)
and only protect half of a minor
female's private parts (genitals but not
breasts). It is not the fault of young
women that they have breasts and
genitals and that boys have genitals
only.
The Massachusetts Legislature
granted Equal Protection to minor boys
and females, as did at least seventeen
other states, in recognizing that a
minor female's breasts can be sexually
exploited as child pornography and
prohibiting such improper conduct. The
state Court below took away that
protection from the minor females
without justifying a departure from this
—_ i
Court's ruling in Ferber that minors are
entitled to protection from sexual
exploitation and use in child
pornography. This is not an area of law
that should be left to a laissez faire
option, such as obscenity. Paris Adult
Theatre, 413 U.S. at 64. Minor children
need and deserve protection from
discrimination based on sex and age and
the courts, like the state Court below,
should not ignore the rule of Ferber
when the result is to deny those rights.
=28-
B. The Court Below Erred In
Striking The Statute As
Overbroad On Its Face.
The Court below erred in applying
the overbreadth analysis to this statute
and should have upheld or construed the
law to cover depictions of nudity by
minors that could be prohibited as child
pornography.
The Supreme Judicial Court of
Massachusetts was wrong in Oakes, 518
N.E.2d at 837, when it said it "need not
decide whether the Supreme Court would
sustain a statute that was carefully
directed against the defendant's
conduct" in finding the statute
“unconstitutionally overbroad" on its
face. This Defendant should have to
prove the statute vague or overbroad as
to him. Parker v. Levy, 417 U.S. 733,
756 (1974). The Court below said the
defendant "finds support for his
position in New York v. Ferber", at
-29-
764-66, that his conduct was "protected
speech”. In fact, Ferber reversed the
New York Court of Appeals for making the
exact same error. The "traditional
rule"
that a person cannot challenge a
law that validly applies to him,
announced in Broadrick v. Oklahoma, 413
U.S. 601, 610 (1973), was found to be
"sound and should be applied in the
present context involving the harmful
employment of children to make sexually
explicit materials". Ferber, 458 U.S.
at 767, 771. This use of the
"substantial overbreadth" and "personal
nature of constitutional rights"
doctrines were found justified by the
compelling interest in protecting minor
children. The Court below in Oakes, at
838, used one hypothetical example as
evidence of "substantial enough"
overbreadth to strike the whole statute.
The example was its assumption that
-30-
Section 29A “makes a criminal of a
parent who takes a frontal view picture
of his or her naked one-year-old running
on a beach or romping in a wading pool".
Nothing in the record even suggests that
the law would be applied in this
fashion, and the prosecutors and
attorneys for Petitioners have rejected
such assertions. The Court below did
not even attempt to analyze the
applications of this law by the
guidelines of statutory interpretation
set out for First Amendment laws in
Brockett v. Spokane Arcades, 472 U.S.
491 (1985), and in failing to do so it
mis-applied Ferber.
In Oakes, at 837, the Court below
correctly noted that “defendant's
conduct in permitting his stepdaughter
to pose naked above the waist cannot
fairly be isolated... from the
expressive process of taking her
oStin
picture". The Court misrepresents the
facts, however, in saying that Oakes
"took nonpornographic, nonobscene
photographs of his fifteen-year-old,
consenting stepdaughter who was nude
above the waist, in circumstances where
no commercial or even noncommercial
distribution was intended or occurred".
Id. The record and Brief for Petitioner
show that the Defendant took the
pictures specifically to highlight her
fourteen-year-old breasts. He did not
accidentally get her exposed breasts on
film while taking "innocent" pictures.
He took pictures of her breasts. Simple
and undeniably. He did so because
breasts are a sexually stimulating
portion of a young women's anatomy. He
had her wear "Frederick's of Hollywood"
lingerie to highlight this sexuality.
If he wanted to capture the essence
of her personality, or her beauty as a
-32-
person, he would have focused on her
face, her eyes, her expressions of
thought and emotion that make a woman a
person.
This form of pornography may not be
obscene under the test and "examples"
set out in Miller v. California, 413
U.S. 15, at 24-25 (1973), but its focus
on her sexuality is certainly
"pornographic" as used in footnote 2 of
Miller and in Ginzburg v. United States
383 U.S. 463 (1966). As this Court said
in Ward v. Illinois, 431 U.S. 767, at
773 (1977), the "Miller examples" were
"not intended to be exhaustive", and
that Miller did not extend protection to
sado-masochistic materials, if obscenely
described. Likewise, minor female
breasts can be depicted indecently or
pruriently and also lack protection.
Respondent's intent and product
could also be "indecent" as in F.C.C. v.
Pacifica Foundation, 438 U.S. 726,
fn. 16 (1978). The "normal definition
of ‘indecent’ merely refers to
nonconformance with accepted standards
of morality". Pacifica at 740. No
evidence exists in this case that it is
an acceptable moral standard for a
step-father, or any parent or adult or
even another minor, to take pictures of
a fourteen-year-old girl's breasts.
That is not the "community standard"
intended by this Court when it mis-used
the word "tolerance" in Smith v. United
States, 431 U.S. 291, at 305 (1977). If
it was, the people of Maine or
Mississippi would have to "accept" the
conduct of Oakes in this case merely
because it is "tolerated" by the highest
court in Massachusetts. See: Miller,
supra at 32. Surely, such a standard of
oShe
morality does not exist in Las Vegas or
New York City, any more than it does in
Boston or Worcester. If it did, it
should be the Respondent's burden to
show that such conduct is not only
"tolerated" but "accepted". Community
standards should be "set by what is in
fact accepted in the community as a
whole", as the District Court charged in
Smith (431 U.S. at 297-98), otherwise
the tolerance of the exception would
eliminate the norm of acceptability.
The protection of minors recognized
in Ferber is necessarily based on the
community's "compelling" duty to protect
them from sexual exploitation,
regardless of whether by the "hard-core
pornography" of the obscene, or .the
"soft-core" exploitation evidenced in
this case. The “slight social value" in
having pictures available of a young
woman's breasts before she reaches the
offen
age of majority and consent are not
present here, like the arguable presence
in “educational, medical, or artistic
works" mentioned in Ferber at 773. The
facts of this case are not ripe for the
"case-by-case analysis" to test the
reach of the Massachusetts law to
one-year-old babies on a beach. All
this Court need decide here is whether
Massachusetts may protect post-pubertal
minor female breasts from sexually
exploitive photographs. The Court below
erred in failing to do so and striking
the statute on such hypothetical
overbreadth grounds.
-36-
C. The Rights Of Minor Females To Be
Free OF Sexual Exploitation
pucwe Lane Any Expressive Use Of
Such Exploitation.
If young women are entitled to the
right to have their breasts considered
as private, then the statute protects
her civil rights from a denial of Equal
Protection and is valid. Whether
Defendant Oakes is guilty of sexually
exploiting his step-daughter in this
instance was for the trial courts of
Massachusetts to find beyond a
reasonable doubt. The issue here is
whether state law can prohibit sexually
oriented photographs of breast nudity as
child pornography.
This Court denied certiorari review
of the decision of the Ohio Supreme
Court which upheld a statute prohibiting
the mere private possession of
photographs of minors engaged in sexual
conduct or lewd exhibition of the
oie
genitals. State v. Meadows, 28 Ohio
St.3d 43, 503 N.E.2d 697 (Ohio 1986),
cert. denied 480 U.S. ___, 94 L.Ed.2d
771, 107 S.Ct. 1581 (1987). That state
Court also upheld the Ohio statute
prohibiting the private possession of
photos of minors "in a state of nudity”.
State v. Modeen, 28 Ohio St.3d 64, 502
N.E.2d 634 (Ohio 1986), State v.
Robinson, 28 Ohio St.3d 65, 502 N.E.2d
634 (Ohio 1986). Two other state
supreme courts have also upheld their
child pornography possession statutes.
Felton v. State, So.2d __—s— (Ala. 1988),
People v. Geever, 122 I11.2d 313, 522
N.E.2d 1200 (111. 1988). At present,
there are at least eighteen states which
prohibit the private possession of child
pornography: Minnesota, §617.247
(1983); Arizona, §13-3553 (1983);
Nevada, §200.730 (1983); Alabama,
§13A-12-192 (1984); Ohio, §§2907.321,
iin
2907.322, 2907.323 (1984); Oklahoma,
§1021.2 (1984); Washington, §9.68A.070
(1984); Texas, §43.26 (1985); Florida,
§827.071(5) (1985); Utah,
§76-5a-3(1985); Illinois, §11-20.1
(1985); Kansas, §21-3516 (1986);
Georgia, §16-12-100 (1987); Missouri,
§573.037 (1987); Idaho, §§18-1507(3)(b)
and 18-1507A (1987); South Dakota,
§22-22-23.1 (1987); Colorado,
§18-6-403 (1988); and Nebraska, §
(1988).
The Ohio Supreme Court recently
construed the possession of nudity
oriented material statute, O.R.C.
2907.323(A)(3), in State v. Young, 37
Ohio St.3d 249, at 252, _—Ss N.E.2d
(Ohio 1988), to prohibit only "conduct
which is not morally innocent, i.e., the
possession or viewing of the described
material for prurient purposes". The
Court found that, so construed, the
-39-
ea oe re ——
statute was “not so broad as to outlaw
all depictions of minors in a state of
nudity, but rather only those depictions
which constitute child pornography".
Id. The Court also limited the "state
of nudity” by a minor to "where such
nudity constitutes a lewd exhibition or
involves a graphic focus on the
genitals". Id. Since the Ohio statute
defines "nudity" to include female
breasts as well as male and female
genitals, it is unclear whether the Ohio
Supreme Court continues to allow a "lewd
exhibition" of a minor female breast
"for prurient purposes" to constitute
child pornography. This is a reasonable
restriction on the reach of child
pornography laws, as argued herein. The
language in Ferber, 458 U.S. at 773,
regarding the assumption that New York
would not “widen the possible invalid
reach of the statute by giving an
=40-
i i i eis se jn ae i
expansive construction to the
proscription on ‘lewd exhibition[s] of
the genitals" should not prevent this
interpretation. In Ferber, the New York
statute defined child pornography as
only including sexual activity and lewd
exhibitions of the genitals, so this
Court had no opportunity to decide
whether the post-pubescent minor female
breasts could be lewdly exhibited as
child pornography.
This Court could agree that child
pornography involving exhibitions of a
minor's private sexual parts (genitals
and breasts) are legitimately reached by
child pornography and sexual
exploitation laws where such exhibitions
(even without actual sexual conduct or
contact between persons) are "for
prurient purposes". This limitation on
child nudity would prevent the "morally
innocent" portrayals of concern to this
otitin
Court in Ferber at 773 and to the Court
below in Oakes at 838. Such a
limitation to prurient uses was employed
to eliminate vagueness in the zoning
ordinance in City of Renton v. Playtime
Theatre, Inc., 475 U.S. 55-56, fn. 4
(1986), and was the essence of Roth and
Ginzburg v. U.S., supra. This Court
should correct, however, the
misconception in Brockett, supra, that
“prurient” is limited to "shameful and
morbid" and includes other adjectives to
describe a sexual interest beyond a
purely normal, healthy interest, such as
erotic, lascivious, and an unhealthy or
abnormal lust. See: Roth, 354 U.S. at
487, fn. 20; Ginzburg, 383 U.S. at 470;
Mishkin v. New York, 383 U.S. 502, at
508-09 (1966); Miller, 413 U.S. at 18,
fn. 2; Hamling v. United States, 418
U.S. 87, at 127-31 (1974); Pinkus v.
United States, 436 U.S. 293, at 301-03
ah% oe
(1978). See also: Brockett, 472 U.S. at
496-98, 504-05, and fn. 8. This would
avoid the abusive restrictions on
prurience applied by the Court of
Appeals in Brockett, sub nom J-R
Distributors v. Eikenberry, 725 F.2d
482, at 490-92 (9th Cir. 1984), and the
District Court in Goldstein v. Allain,
568 F.Supp. 1377, at 1385 (N.D. Miss.
1983). Limiting pictures of child
nudity to the unhealthy or abnormally
lustful, erotic, or lascivious would
prevent overbroad applications, provide
notice and avoid vagueness, and yet
reach the truly pornographic uses of
children who are photographed exposing
their private sexual areas to the lure
of the camera's permanent exploitation.
The error below was in assuming an
unconstitutional application and
striking the statute in contravention to
Ferber and the rights of minor females.
o43-
The remedy is to recognize the right of
state legislatures to protect the
privacy rights of those young women from
having their breasts exploited sexually.
In this regard, the Massachusetts
statute cannot be said to be totally
unconstitutional on its face "in
whatever manner and against whomever an
effort might be made to apply it".
Younger v. Harris, 401 U.S. 37, at 53-54
(1971), citing Watson v. Buck, 313 U.S.
387, at 402 (1941).
aft
dnt. nen; Aaa nin
CONCLUSION
The Supreme Judicial Court of
Massachusetts improperly held that
state's child nudity exploitation
statute invalid by assuming an
unconstitutional hypothetical
application. In doing so, the Court
below violated the rules of statutory
interpretation applicable to child
pornography and exploitation laws set
out in New York v. Ferber.
More importantly, this decision
creates a denial of Equal Protection for
the privacy interests of minor females
whose civil rights are violated when
their developing breasts are not
recognized as private sexual areas
entitled to protection by society and
legislative bodies from sexual
exploitation.
att.
Se cen ee ME ei
. nee I lit tA ltt iy ia, a i att «alain ne mien i ih
Amicus also submits that the
dissenting opinion of the Court below
was correct and should be adopted by
this Court.
For these reasons, in addition to
those urged by Petitioner herein, the
decision below should be corrected and
reversed.
Respectfully submitted,
Citizens for Decency
through Law, Inc.
TB ruea \ ayer
Bruce A. Taylor —
Gereral Counsel
Attorney for Amicus
-46-
CERTIFICATE OF SERVICE
I hereby certify that on this 2lst
day of July, 1988, three copies of the
foregoing Brief Amicus Curiae of
Citizens for Decency through Law, Inc.,
were sent by U.S. Mail, postage prepaid,
to:
Hon. James M. Shannon
Attorney General
Phyllis N. a Esq.
A. John Pappalardo, Esq.
Deputy Attorneys General
Madelyn F. Wessel, Esq.
Judy G. Zeprun, Esq.
H. Reed Witherby, Esq.
Assistant Attorneys General
Commonwealth of Massachusetts
One Ashburton Place, Room 2001
Boston, Massachusetts 02108
(617) 727-2200
Attorneys for Petitioner
Richard J. Vita, Esq.
2 Oliver Street
Ninth Floor
Boston, Massachusetts 02109
(617) 426-6566
Attorney for Respondent
All parties required to be served
have been served.
—_—_
amar, \
Bruce A. Taylor
Attorney for Amicus
w=
APPENDIX
—_ a
Executive Summary
IMAGES OF CHILDREN,
CRIME AND VIOLENCE
IN PLAYBOY, PENTHOUSE
AND HUSTLER MAGAZINES
This resesrch was sponsored by Office of Juvenile Justice and Delinquency
Prevention (OJJDP), United States Department of Justice, Project No. 84-JN-AX-
K007, and carried out at The American University, Washington, DC, from February
1984 to November 1985 and delivered to OJJDP in November 1987. Principal
ee oe eee ae
While the complete three-volume Reisman Report is available from OJJDP, the
agency shelves several drafts of various reports ostensibly written by Dr. Reisman.
However, only the November 1987 Reisman Report has been approved by the Peer
Review Board and authenticated by the Principal Investigator. The Overview, Volume I,
is recommended as a brief (503 page) synopsis of the research project and relevant
information. All three volumes total nearly 2,000 pages. For further information
contact Dr. Sichsenen ot Tho hentbets Ger Seti Wheaton, Bon 7404, Arlington, VA
22207 (703-237-5455).
CONTENTS
Introduction: Children in Playbo
; 'y, Penthouse and Hustler
Reprinted from Preventing Sexual Abuse
Composition of External Review Board
Executive Summary of Content A
Images of Children, Chine and Plates
INTRODUCTION
From Preventing Sexual Abuse, Summer 1986
A study to determine how pornography and violence in the media
affect the incidence of sexual abuse/exploitation, family violence and
juvenile delinquency was recently completed at American University
in W. DC. The project was funded through the Office of
Juvenile Justice and Delinquency Prevention (OJJDP) U.S. De-
partment of Justice.
Dr. Judith Reisman, principal investigator for the study entitled
“Children, Crime and Violence in the Pictorial Imagery of Playboy,
Penthouse and Hustler” testified on the findings before the United
States Attorney General’s Commission on Pornography on Novem-
ber 21, 1985. Visual images of children in sexual and violent contexts
were analyzed in 683 issues of the three adult magazines beginning
with Playboy's initial December 1953 issue through Playboy,
Penthouse and Hustler issues of December 1984. Researchers
the child or adult depi the activities in which the child was
involved, the nature of the activity, and the state of dress or undress of '
the child. Pseudo-children (adults dressed ar. | posed as children) and
any discrepant body features, such as oversized breasts on small
child’s frame, were also noted.
The study identified three basic themes: nonsexual, nonviolent
activities such as simple memories; violent activities such as murder,
maiming or surgical procedures; and sexual activities such as
intercourse or a child appearing nude.
A total of 6,004 photographs, illustrations and cartoons depicting
children appeared in the 683 magazines. Hustler depicted children
most often, an average of 14.1 times per issue, followed by Playboy
(8.2 times per issue) and Penthouse (6.4 times per issue).
Findings included the following:
* 1,675 child images were associated with nudity.
* 1,225 child images were associated with genital activity.
* 989 child images were associated sexually with adults.
images
* 267 child images were associated with sex with animals or
objects.
* $1% of the child cartoons and 46% of the child photographs
showed children age 3-11.
* More girls than boys were associated with sexual assault.
* More boys than girls were associated with violent assault.
» S»
_ From 1954 to 1984, these 6,004 images of children
interspersed with 15,000 images of crime and violence, 35,000 Aer
Playboy, Penthouse and Hustler were Chosen
they are the three top-selling de ae
harm factor. Such action by sex-industry
; representatives could be
seen as an act for responsibility based
children, rather than an admiasion of guilt” Wetiare of
EXTERNAL REVIEW BOARD FOR IMAGES OF
CHILDREN, CRIME AND VIOLENCE IN PLAYBOY,
PENTHOUSE, AND HUSTLER MAGAZINES:
Cooperative Agreement #84-JN-AX-K007
Dr. George Comstock, Samuel I. Newhouse Professor of Public
Communication at Syracuse University, is a foremost authority on
television and social behavior. His work, in part, has focused on mass
media and its effects on social values, social institutions, and, in
particular, the young viewing public. Dr. Comstock serves on the
editorial boards of several communication journals, is a
member of the National Council for Children and Television and was
senior author/editor for the Surgeon General’s Report on Television
and Human Behavior (1978). His extensive work in the area of mass
media has yielded numerous books and articles which are seen as a
foundation for this field.
Dr. Robert Figlio is an Associate Professor of Criminology et the
University of Pennsytvania. His critique of the unauthorized American
University draft was helpful in the identification of issues and data
requiring clarification, addition and correction. With Dr. Marvin
Wolfgang, Dr. Figlio co-authored the Department of Justice
“National Survey of Crime Severity.” He is the only original peer who
was unable to review and evaluate this final technical version written
by the Principal Investigator.
Ms. Jane Huntington is a specialist in the area of juvenile justice.
She is past Director of the Juvenile Justice Project of the American
Red Cross, and served as Juvenile Justice Coordinator for the
National Coalition for jail reform. Ms. Huntington has written widely
in the area of sexual crime and juvenile behavior.
Dr. Emanuel Landau is an epidemiologist and statistical analyst
vironment, served as the outside, anonymous, expert selected by the
American University to evaluate project methodology.
Ms. Laura Lederer is Program Officer for the L_J. Skaggs and Mary
C. Skaggs Foundation, and one of the country’s leading experts on
pornography. She is author and editor of the well-known work Take
Back the Night: Women on Pornography, and in 1977 established the
i Women Against Violence in Pornography and Media
(WAVPM). Ms. Lederer’s unique knowledge of both grant manage-
ment and pornography research have been an invaluable asset to the
advisory board.
Dr. Richard Zakia is Chairman of the Fine Art Photography
Department of the Rochester Institute of Technology and brings to
the board his expertise on educational psychology, photography,
« %&
photographic education, and visual perception. Dr. Zakia published
numerous books and articles on photography and visual perception,
presented papers, lectures, and conducted workshops in the U.S. and
Canada as well as contributing an excellent analysis of photography
for the final Volume I Overview for the Reisman Report.
Supplementary Critiques:
ward Eichel, is a certified psychotherapist and consultant in
Health Education/Human Sexuality and Family Life Education in
New York City.
Gordon Muir, M.D., Director of Medical Communications at
Glaxo Research Laboratories is responsible for the evaluation of
medical research protocol and is also associated with the North
innea Smith, M.D., is a psychiatrist whose professional role in the
Collegiate Athletic Community involves the education of athletes and
coaches on the treatment of illicit drugs in mainstream, sexually
Comments of Members of the External Review Board
George Comstock, S.L. Newhouse
Professor of Publi-
I have reviewed the draft of your report of November, 1986,
1. The research meets the usual criteria and standards for such
cadeavors, and suffers from no problems or weaknesses not common
to the genre of research
represented.
2. Its findings should be of value to those interested in popular
culture, erotica or pornography, and the effects of erotica, por-
submission sponsoring agency as the draft of a final technical
scams Gils cap tae babel ts ealiiineeequiet ty Go Aanedann
University
I have reviewed the Executive Summary of your final project
and the letters that you sent me. ,
"YAS you know, Ihave sid joven jute ies spat of my
master’s course at the School of at The American University,
and I have in projects funded by the Office of Juvenile
Justice & ) son onoet Prevention, particularly dealing with carly
intervention I must advise you that I am no longer working
in juvenile justice; , a8 | observed to you in the initial stages of
the I believe your research would be of interest to child
workers as well as to any professionals who interact with
sex offenders. Again, as I have stated before, I find the “child
youthful
of particular interest. of cia
"Your raeach prs & ong! cote: anys ofc
research provides s data base of child images in “mainstream
erotica/ pornography” (which you state in your introductio= was a
purpose of this “exploratory research”). Though I am not a researcher
and cannot speak to the statistical methodology, my lay conclusion is
the same as Dr. Landau’s in that the “content analysis did adequately
test the hypotheses of the study regarding representation of children in
the three magazines with special reference to sexual and violence
contexts. The findings are clearly of interest but the possible adverse
effects from such presentation cannot therefore be inferred.
Dr. Zakir, also, points out that this was a “survey, a content
analysis,” and, as such, I agree that it ought to be published. Your
mainstream erotica/ pornography.
from Dr. Emanuel Landau’s Review*
Volume I of the report, which represents an overview of the
should have to understand the relevance of this project to the broader
issue. The introduction states that “The overall objective of the study
was to ascertain whether and to what extent representations of
children exist in Playboy, Penthouse and Hustler magazines. The
particular focus of the study was the depiction of “children” in sexual
and violent contexts.” This project, representing a content analysis of
the three mentioned journals, constituted an attempt to deal with the
broader issue of “The Role of Pornography and Media Violence in
Family Violence, Sexual Abuse and Exploitation and Juvenile
Delinquency.”
The study was designed as a longitudinal study. The report says
“Most importantly, the study provides an exhaustive analysis of the
roles played by children in Playboy, Penthouse and Hustler magazines
over time” (p.1a). .
I have reviewed Volumes II and Ill of the study entitled “A
Content Analysis of Playboy, Penthouse and Hustler” magazines with
special attention to the portrayal of children, crime, and violence with
considerable care. The review consisted of several examinations to
Having participated in several large-scale studies involving the
preparation of complex coding manuals and training of coders, |
project clearly demonstrated the awareness of the professional staff to
Principal
of the Study” (p.2).
The care attached to coding applied also to the data ing i
order to minimize the likelihood of error. Thus far, simple frequen ies
and cross-tabulations have been carried out. There are a large number
a). en eanetliched tabelations avaliable from the project files
The meticulous care with which the project attempted to deal with
the “overall objective of the study...was to ascertain whether
and to what extent representations of children exist in Playboy,
which the Conic att” magazines. To describe the eaviroaments in
which the depictions occurred, the portrayal of crime and violence
without children was also studied” (p.3). -
The pattern of training for specific questionnaires followed by
actual Coding represents, in my judgment, an excellent way to
maximize efficiency and minimize errors. The text notes that a guide
, content did the
hypothesis of the study representation of childrea in the
three magazines with special reference to sexual and violence
Laura J. Lederer
I write to congratulate you on the successful completion of your
study, “Children, Crime, and Violence in the Pictorial Imagery of
Playboy, Penthouse and Hustler. The Role of Pornography and
Media Violence in Family Violence, Sexual Abuse, and Exploitation,
and Juvenile Delinquency.” Your research is of tremendous value. It
possible to pinpoint the introduction of such i into the social
fabric. It also makes it possible to trace.the if ion of certain
and 11, to identify the race and religion of these children, as well as
their sex. The data can be identified for any one of the three
magazines, or a pooled figure representing all three magazines can be
found. The data also identify criminal and violent activities such as
rape, battery and murder. These data can be used by other
researchers, as well as police, child protection agencies, physicians,
nurses, clinical therapists, educators, government officials and others
who now work in various capacities to halt child abuse, child sexual
with processes, housed in a university, which took a
pp ie pene oe
As researcher, you set up the research parameters, tested
the final report, and I believe that our society will reap benefits from it.
Dr. Richard D. Zakia
Thank you for the opportunity to read your report on “The Role of
Pornography and Media Violence...” and to offer some comments.
First let me again state my position that the data you have gathered is
important and should be made available io serious researchers along
with valid qualifying statements and criticism you have included in
=e
Hy Ac ae ean amamn
1. Benchmark
Your data on the cartoons in Playboy, Penthouse and Hustler
provide a reference point that we never before had. This is important
for longitudinal studies and for possible comparison with other
— information; i.e., cartoons and visuals in other magazines.
The instruments you developed for your study and your approach
in establishing verbal categories for pictorial information can be very
helpful to others.
3. Correlations
Your findings on the number of cartoons in which the principal
child is “School age to puberty: elementary school age six through
eleven” raises an important question. Do national statistics on child
molesting reveal a similar situation. In other words are most children
that are molested between the ages of six-cleven?
4. Cartoonists
Of the several cartoonists mentioned, the one most often used vy
Hustler magazine was Dwaine B. Tinsley by a margin of twice the
next most used cartoonist. Can the Tinsley cartoons be isolated and
studied between the years 1974 to 19847 This could uncover useful
information regarding cartoon codes and possible changes which
might have Do cartoons such as Tinsley’s have historical
precedence? Having done some visual research in the Kinsey Library
on Sex and Human Reproduction at the University of Indiana, |
believe they do and can be identified in the collection of pornographic
visuals available there to researchers. Some of these visuals are by weil
known artists of earlier years.
‘ Stmdtar but Different
The cartoons in all three magazines although somewhat similar are
also different. Playboy for example is more vertal while Hustler is
visual. Hustler cartoons also portray more violence and
contain ethnic slurs. How do other “girlie” magazines compare?
6. Syatax
The placement of cartoons on a page along with specific articles
and advertisements, the size of the cartoons, left page vs. right page,
black-and-white vs. color is of significance and provides information
not previously availa\ <<. Your “eye scan” data points out the
importance of judging the cartoons for not only what is within the
7. Body Validation
Your proposed Body Validation instrument could be very useful to
researchers in the field. What we see, and sometimes often mistake as
a photograph of a nude woman, is often a retouched photograph with
“visual transplants”. By that I mean we now have the technology to
create a real, imaginary, fantasized perfect nude woman. Computers
can store pictorial body parts, faces, noses, hands, legs, breasts, etc.,
and display them on a screen for an artist to composite. The final
fantasized Venus can then be directly transferred onto printing plates
snd then into magazines for the voyeuristic eye. The face of a 20-year-
old can be connected to the body of a 16-year-old. Your proposed
Body Validation instrument warrants further study and testing.
8. Comparisons
Do any of your findings support or question the voluminous Meese
J. Gordon Muir, M.D.
Le rany mclgesd i ee nee rane
“Children, Crime in the Pictorial Imagery of Playboy,
Penthouse and Hustler.”
By way of background, I am a physician with six years
of
in the clinical research departments of two of this
ey eet [ armncontical companion. I have been ensismat
director of development and associate director of medical
Laboratories. In this environment I have been fully exposed to the
principles and practice of sound medical research and its proper
presentation. I have also been lately associated with the North
Carolina Chapter of the National Committee for Prevention of Child
Abuse, and partly because of this interest and what I recently have
been learning about child abuse, I feel that the subject of your research
is important, timely and of considerable public interest.
Just as physicians (and the public) have had a growing interest in
the role of television in child abuse (see Wharton and Mandell,
Pediatrics, June 1985), there would undoubtedly be a similar interest
in the role, if any, of mainstream . Now, for the first time,
major documentation has been provided regarding how children are
depicted in mainstream pornography and how images of children are
related to situations of nudity, abuse, crime and violence. This has to
be an important body of data and an important first step, if the
of data collection has been sufficiently rigorous. My
exacting.
for the future, I would concur with the statistical reviewer, Dr.
Landau, that this is “a sound study providing high-quality data in a
an an ee See sound
My chief conclusions from reading this report are as follows:
1. Children have been extensively sexudlized in mainstream
pornography. Documentation of this point slone is an important
finding.
2. It is clearly established that there has been a pictorial
trivialization of child sex , in cartoous. And as
Harrisou is quoted as saying in this report: “The cartoon is a unique
force in modern society.”
Socialization of other taboos, in cartoons especially, is also
documented.
Bearing in mind that everyone is influenced in some way by what
they see and read, it is absolutely essential that the impact of these
child on both adults and children be further in-
vestigated. We are not dealing here with the content of television soap
oi 9~
operas, etc. but with a pictorial medium that is seen to have a record of
portraying the breaching of the most sensitive social taboos as a
subject for humor. Serious investigation of the impact of this should
now begin.
I commend you and your staff for an admirable execution of a
complex task performed in a relatively short period of time. I look
forward to the Department of Justice making this report available to
the medical and child-welfare communities, as well as to the general
There has been
These publications target juveniks as an important part of their
and aggressively market their product to this segment of
sexual identity. Your analysis of the depictions of children in a sexual
and/or violent context is especially pertinent. Recent surveys confirm
Research examining the effect of precocious exposure to por-
oa children’s attitudes and behavior is seriously inadequate.
must be assumed vulnerable to adverse health consequences
unless and until proved otherwise.
currently in the possession of American University ity i
you or made available to other researchers. emmee
:
:
;
i
“Images
Playboy, Penthouse and Hustler
Magazines.” A full report is to follow, but in summary I feel your
which childhood fantasies and heroes are used. As in the series of
increasingly more explicit using Wizard of Oz characters, it
seems that is to be more and more outrageous.
°
_ Repeated exposure to sexual scenes with adolescent (or younger)
the man had been keeping at bay. There is also an inherent permission
pata pe ob Nea co. oe
media. Of particular concern relationship of step-parent to
step-child, particularly stepfathers and
As mental health professionals, we can that pornography
has deleterious effects on some individuals. First of all, some men may
have difficulty separating the use of women as sex objects from their
everyday dealings with women in their lives. This comment pertains
to pornography in general. The use of childhood heroes and fantasies
adds even more complexity to the problem.
One possible dangerous effect of these pictures is that they
disinhibit the prohibition, making less secure people more aware of
inappropriate sexual feelings and more confused about what to do
about them. Repeated exposure to sexual scenes with adolescent (or
younger) girls could stimulate hidden sexual feelings towards young
girls which the man had been keeping at bay.
There is also an inherent permission given to indulge in this kind of
sexual behavior when viewed in the media. Of particular concern is
the relationship of step-parent to step-child, particularly stepfathers
and stepdaughters. These pairs do not share a long history of
nurturance; often a stepfather first meets his prospective stepdaughter
as she is entering puberty. In fact, the literary story of Lolita describes
a situation where the stepfather married the mother because of his
attraction to her daughter. Without a history to help suppress sexual
feelings, these pairs often must consciously do so. To have media
present scenes of child seduction may make it more difficult for men
to consciously suppress these feelings.
The magazine editors will surely say they are only interested in
stimulating fantasy, not illegal acts. But to a person who has difficulty
separating fantasy from reality, the magazine gives tremendously
confusing messages; for instance, some men may use the presence of
these scenes as support for the notior that “women must like this or
they wouldn't have posed for it.”
If...adolescents view confusing pictures of “sexualized children” or
cartoons about adult men, often fantasy heroes (especially Darth
Vade-) sexually using children, their dual developmental drives of
becoming sexual as well as nurturant adults may blend, blur and be
confused. . adding visual portrayal of child sexual abuse may indeed
trigger actual acting out, particularly in younger teens who have not
-16-
- ee
twenty of experience as a
heart of the matter, Let me identify several points that I wish to touch
on:
literature are an
elite
CONTENT ANALYSIS OF IMAGES OF
CHILDREN, CRIME AND VIOLENCE
IN PLAYBOY, PENTHOUSE AND HUSTLER
EXECUTIVE SUMMARY
ABSTRACT
i erotica/ pornography is generally said to portray non-
violent adult female nudity for an adult audience. However, a content
analysis of Playboy (N=373), Penthouse (N=184), and Hustler
(N=126) magazines, December 1953 to December 1984, yielded
6,004 child images as well as an estimated 14,854 images of crime and
violence. Received both by juvenile and adult readers, newsstand
available child imagery in the context of erotica/pornography
increased nearly 2,600% (16 to 412) from 1954 to 1984 peaking in
1978 at 465 newsstand available depictions. y two-thirds of the
child scenarios were sexual and/or violent; the dominant age bracket
3-11 years; girls more prevalent than boys and most likely associated
with adult males; and racial portrayals almost exclusively Caucasian.
Close to 1,000 sexual scenarios included children with adults; 80% of
the children were actively involved in all scenes; and each magazine
portrayed children as unharmed and/or benefited by adult-child sex.
Juxtaposed with some 50,000 images of adult female nudity, the
6,004 child depictions were also associated with 14,854 images of
adult crime and viole:.ce. In the latter, young-edult Caucasian males
and females were equally victimized with primary offenders young-
lication genre 1954 to 1 Playboy averaged 17 monthly
depictions of children, crime and violence. Since 1975, the addition of
Penthouse and Hustler increased the newsstand available aggregate to
111 monthly depictions of children, crime and violence. In sum, these
magazines paired adult female nudity with images of children, crime
and violence, for millions of juvenile and adult readers for over three
decades.
INTRODUCTION
The concept of true democracy presumes both freedom
information and adequate public access to truthful information. In
nography (E/PP has been publicly accessible. purpose of this
exploratory research has been to provide the juvenile justice systems
and the public requisite information for informed debate on
é
='™
Justice in Washington, DC. Volume I (503 pages) is
The Overview. This volume incorporates a large body of important
project materials contained in Volume II,
delinquents upon growing con
regarding the role of E/P in child sexual abuse, and the preliminary
-19-
erotic/ pornographic magazines read by both juveniles and adults.
Why Study Mass Media Communication?
Communication researchers tend to debate particular ways in
agree that any communication process has some effect on receivers:
(Tn most general terms, communication implies a sender, a
channel, a message, a receiver, a relationship between sender and
receiver, an effect, [and] a context in which communication occurs.’
It follows from the above accepted body of communication theory
that E/P messages effect receivers in some manner and thus are
violence.
Why Study the Depiction of Children?
Children have historically been exploited in pornogrephy.'? Yet,
prior to this research, it was generally believed that such exploitation
found on the fringes of society. Research confirms that hardcore child
pornography is nearly always of a sexual nature, and that it constitutes
a form of child abuse. The current research effort, however, sought to
identify nonsexual and sexual depictions of children as well as
depictions of crime and violence in “softcore” or mainstream
erotica/ pornography.
-20-
ee se ee ee
Why Study the Depiction of Crime and Violence?
The general public has expressed its concern about the juxta-
position of violence and sex within one medium. For example, in the
Newsweek Poll by Gallup (March 18, 1985) 73 percent of respon-
dents believed explicit sexual magazines, movies and books lead some
people to commit rape or other sexual violence while 93 percent
called for stricter control of magazines displaying sexual visual
violence. Moreover, the concern about the association of sex and
violence is supported by the body of research on media depictions of
crime and violence. Here, it is generally conceded that gratuitous
depictions of crime and violence have been known to precipitate
aggressive behavior.'? The present investigation: a) established the
general context of crime and violence in which child depictions also
appeared, and b) captured information on both the nonsexual and
sexual depictions of crime and violence in the context of mainstream
erotica/ pornography.
Why Study Cartoons?
Approximately two-fifths of the images examined were cartoons.
Research confirms that adult readers of E/P magazines commonly
rate cartoons as favorite features, while further evidence suggests that
juveniles are also drawn to the cartoon feature.'* The cartoon has its
own artistic and historic tradition. By its very nature, the cartoon
has a way of overstating, stereotyping and exaggerating its case.
Similar to other art forms, the cartoon demonstrates a view of life, of
an issue, of an event, or of a people. While appearing as light and
guileless humor, the vast body of cartoon research documents
cartoons as a sociopolitical art form. It is speculated that some sort of
“Socialization of Taboo Ideas” often used the cartoon format to a)
circumvent readers’ resistance by b) humorously trivializing existirg
taboos. Based on its historical and popular role in mainstream E/P, an
examination of E/P cartoon messages about children, crime, and
ol ig
Why Study Photographs?
Almost half of the total images examined were photographs.
Photographs are generally viewed as accurate fair representations of
METHODOLOGY
1. Development of Instrumentation: Utilizing standard content
analysis methodology, four discrete instruments were designed, tested
and implemented: |) child cartoons (excluding comic strips), 2) child
visuals (illustrations and photographs), 3) crime and violence
cartoons (excluding comic strips and child cartoons), and 4) crime
and violence visuals (illustrations and photographs, excluding child
visuals). The final child cartoon instrument contai: 2d 114 variables,
child visuals 75, adult crime and violence cartoons 35, and adult
crime and violence visuals 49, yielding 273 variables and 12,126
cases.
2. Coders: Twenty-two coders over 21 years of age were employed
(64 percent female, 36 percent male, 14 percent Black, 86 percent
Caucasian, 95 percent college graduates). The project retained a
3. Training. Coders learned Critical Viewing Skills via great works of
art. Following this, content analysis training followed the Krippen-
dorff process. Each coder underwent test trials and group training
blocks in the use of the “Coder’s Portfolio;” coding instruments,
coding manuals and sheets, the Cartoon/ Visual Guide, the Emotional
Expression Guide (EEG), and the Age Evaluation Guide (AEG).'*
4. Materials. From December 1953 to December 1984, all issues
Ne ee eee
Penthouse (N=184) and Hustler (N=126). Magazines missing in the
calleation Suse ended 48 ie Rinatp 66 Gouna, th @2 conn
random sample was coded for depictions of cartoon and visual crime
and violence.
5. Magazine Distribution and Instrument Handling. Coders received a
random distribution of magazines in their library carrels, marking
instruments with a red pen and personally initialing any changes in
analysis. A random selection of two coding sheets per coder per week
were checked for accuracy, original coding sheets copied and held in
locked metal cabinets for safety while originals were batched and
delivered for key punch and data entry to the contracted key punch
agency.
6. Inter-Rater Reliability Measures. inter-rater reliability was com-
puted at 0.87 in the pilot study and , 0.85 for child
cartoons, 0.83 for child visuals, 0.81 for crime and violence cartoons,
and 0.85 for crime and violence visuals.
CONCLUSIONS
The present research findings quantify the nature of children, crime
and violence imagery in over three decades of , Penthouse and
Hustler magazines. Sexual and nonsexual child depictions and sexual
and nonsexual crime and violence depictions were common themes
throughout all three magazines. The pairing of these themes over time
=22-
with images of adult female nudity and graphic sexual display are
pertinent to the current debate on erotica/ pornography.
Contrary to popular belief, the depiction of sexual and nonsexual
child abuse has not been limited to “hardcore” pornography. It is
Since May 550 chitan hase tnitianenenehos detonation
i
i
|
concern that the present research documents a contextual association
female
RECOMMENDATIONS
Dissemination of Information
These findings should be provided to public agencies, educators,
policymakers, parents and juveniles. Distilled into dispassionate,
concrete components (i.e., charts, graphs, statistical tables and
explanatory narrative), the information is now ready for public
access. Such access means that both adults and juveniles may
objectively assess, critique, and debate this issue without requiring
exposure to primary sources.
Education
Evidence and anecdote confirm extensive juvenile and adult
exposure to, and reliance upon, the informal sex education provided
by these magazines. Thus, it is only realistic to implement these
research data into nonexplicit, nonexploitive school programs as well
as other modes of juvenile guidance. The findings should be provided
in wholesome educational formats using slide presentations, booklets
and videotapes (a preliminary videotape has already been prepared
by the Principal Investigator). The use of underage models by the sex
industry, the entry of increasing numbers of juveniles into prostitution
and the growth of juvenile pregnancy suggest the need for a critical
examination of the notions of sexuality which have been and are now
presented to youngsters by these informal sex education materials.
Use of the suggested educational formats addressing mainstream
erotica/ pornography could facilitate creative discussion by youth
regarding the role of these materials in juvenile sociosexual behavior.
8 | Gentes On h findi eo
site data collection should be conducted. Techniques devsloped for
data collection should be taught on several levels: justice, law
=2he
recommendations proposed by the Attorney General's Commission
oa y (1986) are all strongly supported. The content
analysis of Playboy, Penthouse and Hustler uncovered a steady
escalation of graphic depictions from 1954 to 1984 progressing from
simple female nudity to those described by the Attorney General in
his discussion of obscenity:
child pornography, sado-masochistic scenes, rape scenes,
depictions of bestiality or excretory functions, and violent
and degrading images of explicit sexual conduct...
Arguments supporting mature age-of-consent parameters for sex
industry employees appear to be reasoned and compelling, based as
they are on the notion of youthful vulnerability. As the three
magazines examined do include substantial displays of the above
activities singled out by the Attorney General Meese in his October
23, 1986 press conference, it is proposed that Playboy, Penthouse and
Hustler magazines be included in the Commission’s recommendation
that sex industry models be twenty-one years of age or older.
Similarly, publishers should be required to maintain records proving
that models are twenty-one years or older.
In addition, a voluntary moratorium of child depictions (in
cartoons, illustrations and/or photographs)—by all sex industry
publications—is urged until such time that sophisticated research
a
otes
1. Letter from James Madison to W.T. Barry (August 4, 1832), reprinted
in The Complete Madison 337 (S. Padower ed. 1953).
2. The slash in “erotica/pornography” (E/P) is intended to indicate a
separation or a bridge between erotica and pornography. For the definition of
E/P in the present research, see Reisman's Overview of Project (Volume 1),
“Working Definition,” (p.27). For additional definitions, see “Central
dumm salmteatnapaimatatal
3. Sos to example, Newsweek Poll by Gallup (March 18, 1985), wherein
73 percent of respondents believed explicit sexual magazines, movies and
x=
books lead some people to commit rape or other sexual violence while 93
percent called for stricter control of magazines displaying sexual visual
violence.
4. See for example, Playboy (1985, December): “If other magazines are
publishing cartoons of ‘gang rapes of children, fathers sexually abusing
daughters, benevolent or father figures raping or murdering young girls,’
Playboy never has, never will” (p.16). For evidence to the contrary, see
Overview of Project (Volume I), “Appendices A-L.”
5. See for example, commentary by Senators (1985, May). In Reisman
[Statement], Oversight [Hearing] of the Office of Juvenile Justice and
Delinquency Prevention. Committee on the Judiciary (Serial No. J-99-23),
(pp. 152-175). Said Senator Spector: “This subcommittee has reviewed a
great deal of this kind of literature, I have never seen an actual picture of a
crime being committed against a child” (p. 64).
6. See Bat Ada (Reisman) and Lederer (1980). Playboy isn’t playing: An
interview with Judith Bat Ada. In L. Lederer (Ed.) Take back the night
Women on pornography (pp. 111-124).
7. For more extensive information see Overview of Project (Volume I:
Literature Review): “Research on Child Abuse” (pp. 62-67.), and “Research
on Erotica/ Pornography as an Information Delivery System”; “Research on
the Role of Erotica/Pornography Among Children and Adolescents” (pp.
28-30).
8. Ibid. “Research on Mass Media as an Information Delivery System”
(pp. a and “Content Analysis as a Mass Media Research Technique”
(pp. 55-58).
9. See McQuail and Windahl (1981). Communication models for the study
of mass communication (pp. 3-4).
10. See the Attorney General's Commission on Pornography, (1986, July),
p. 916. Also see Hass’ research Teenage Sexuality: A Survey of Teenage
Sexual Behavior (1979). In chapter 12, “Ti * Responses to Por-
nography” (pp 154-161) teenagers discuss the inf uences of erotica/por-
nography (particularly Playboy ) in their personal and sexual lives.
11. For more extensive information see Overview of Project (Volume |:
Literature Review): “Research on Erotica/ Pornography as an Information
Delivery System” (pp. 22-29), and “Market Research on Playboy, Penthouse
and Hustler” (pp. 59-61).
12. Ibid. “Research on Child Abuse” (pp. 62-67), and “Research on the
role of erotica/ pornography among children and adolescents” (pp. 28-30).
13. Ibid. Reference is made to crime and violence in “Research on
Erotica/Pornography as an Information Delivery S ” (pp. 22-30),
“Research on children, television and aggression” (pp. 32-38), and “Content
Analysis as a Mass Media Research Technique” (pp. 55-58), and “Research
oa Child Abuse” (pp. 62-67).
14. Ibid. “Research on Cartoons and Humor as an Information Delivery
System” (pp. 39-44).
ee a ne ere Delivery System”
(PP. ).
16. For extensive information see Reisman’s Methods and Procedures
(Volume II). In addition, the “Research Parameters and Limitations (RPL)”
are located in Overview of Project (Volume I, pp. 68-117).
-26-
17. For extensive data presentations, see Reisman's Data Book (Volume
II). A compendious overview of Selected Findings and Discussion of
addition, the ee oe oe
seven the
project are discussed in (Volume I, pp. 163-185). ag
18. For additional information on the Child Magnet sutdy, see Overview of
Project (Volume I: Preliminary Studies), “Child Magnets,” (pp. 163-169).
19. This quote is from the Washington Post article “Meese forms anti-
pornography task force” by H. Kurtz (October 23, 1986, p. A21).
20. The concept of a voluntary moritorium was raised by the Principal
(Ed.
(pp. 104-109). Hudson, GEM.
Bat Ada (Reisman), J.A. (1985, May-June). Massive Pornography comes
to Israel in last five years, reports Judith Bat-Ada in Lilith: Involves Children.
Media Report to Women (13), 9-10.
Women on Pornography (pp. 111-124). New York: Bantam Books.
Bat Ada (Reisman), J.A. (1978-79). Freedom of speech as mythology, or
‘quill pen and parchment thinking’ in an electronic environment. New York
Review and Social Change, VIII (2), 271-279.
Gallup. (1985, 18). Newsweek.
The Washington Post (p. A21).
McQuail, D., & Windahi, S. (1981). Communication models for the study
of mass communication. New Y ork:
Padower, S. (Ed). (1 — Madison. New Y ork: Harper
C.R. Hartman (Eds.), Sexual patients by health professionals
(Sexual medicine, Vol.4) (pp.107-119). New York: Praeger.
Reisman, J.A. Children, Crime and Violence in the Pictorial Imagery of
Playboy, Penthouse, and Hustler (1967). (aka: “Role of Pornography and
media violence in family violence, sexual abuse and exploitation, and
Vebome 1 IL tad til (Projet Ne 84-JN-AX-ROOT)
massa
LA (I
and magazines with special attention to the portrayal of children,
crime, and violence. In H. Hudson (Chair), Hearing on Pornography and
Organized Crime. Supplementary testimony requested by The United States
Attorney General's Commission on Pornography, New York (p. 1402).
Reisman, J.A. (1985, November). A content analysis of Playboy,
Penthouse and Hustler magazines with special attention to the portrayal of
children, crime, and violence. In H. Hudson (Chair), Hearing on Child
. Testimony delivered to The United States Attorney General's
Commission on Pornography, Miami.
Reisman, J.A. [Statement] (1985, May). Oversight [Hearing] of the Office
of Juvenile Justice and Delinquency Prevention. Committee on the Judiciary
(Serial No. J-99-23), (pp.152-175). Washington, DC: U.S. Government
Office.
Reisman, J.A. (1985). Mass media sex/violence and women and
children’s civil rights: An cye toward the future. In A. W. Burgess (Ed.), Rape
and sexual assault: A research handbook (pp. 365-373). New Y ork: Garland.
Reisman, J.A. (1984). Children in Playboy, Penthouse and Hustler. In D.
Scott (Ed.), Proceedings of the symposium on media violence and por-
research an international perspective: Procedings resource handbook and
research guide (pp. 116-125). Toronto, Ontario: Media Action Group.
Reisman, J.A. (1983, January). An investigation ‘_:2 peer and media drug
contagion in Isreal: Three point evaluation and probable forecast scenarios
(Science Ministry Grant). Proceedings of the Second International Congress
on Drugs and Alcohol (unpublished). Tel Aviv.
Reisman, J.A. (1983, January). Fahshizm Technokrati: B’Hokra L’ Arik
Frome [Erich Fromm and ‘technocratic fascism.’}. Hachinuh HaMeshutaf-
HaMachlaka i'‘Chinuch HaKibbutz HaArtizi (Journal of Educational
and female identity. Women Speaking, 4-6. Londor
Shepher, J. & Reisman, J.A. (Bat Aaa) (1985). Pornography: A
a attempt at understanding. Ethology and Sociobiology, 6,
Staff, (1985, December). Playboy, 32 (12).
U.S. Department of Justice. (1986, July) Aforney General's Commission
on Pornography, Volume IT (Publication No. 0-158-351). Washington, DC:
Government Printing Office, p. 1402.
*The bibliography is limited to references in the executive summary and
the first author's pertinent writings. A comprehensive bibliography is
included in the Overview of Project, Volume L
rl a a
A BRIEF ANALYSIS
OF THIRTY-SIX CHILD SAMPLE
CARTOONS AND PHOTOGRAPHS
FROM PLAYBOY, PENTHOUSE
AND HUSTLER
WASHINENIAN
CHILDHOOD?
Whatever happened to childhood? The above Washingtonian
cover portrays two five- to six-year-old children, apparently siblings
perusing Playboy magazine. This picture may be seen as a dramatiza-
tion of actual data which identify Playboy, Penthouse, and Hustler
magazines as primary sources of sexual education, entertainment,
stimulation and guidance for child and adult consumers. Our research
considered these magazines with due regard for their widespread,
long-term use as sex education by children as well as adults. Small
children (and some adults) are often unable to read, and thus attend to
pictures more than to captions. With this in mind, project analysts
(coders) were trained to mask off captions before determining the
pictured children’s ages. Until “caption masking” was standardized,
the age-inappropriate nature of much child text and imagery
commonly caused coders to inflate children’s ages by more than five
years (e.g. judging a four-year-old as nine-years, etc). It is similarly
urged that readers mask the captions of the attached 36 sample images
to assess child ages. (To guide objective analysis we developed the
Age Evaluation Guide presented in Volume II of the final “Reisman
Report.”) Remember, it can be said that images are more speedily
received and longer retained by the brain than is text.
The Principal Investigator’s analysis reflects a) Ph.D. in Speech
Communication from Case Western Reserve University with a
specialty in mass media effects, b) expertise as a multi-media art
educator for the Cleveland Museum of Art, the Milwaukee Public
Museum, the Los Angeles Skirball Museum, and Scholastics Maga-
zine, New York, and c) an award-winning professional career
creating educational “music videos” for both public and commercial television.
Space limited this analysis to children and See The Institute
for Media Education (TIME) for a portfolio of sample crime and
violence cartoons and visuals in the three magazines.
I. PLAYBOY “DRUG EDUCATION”* CARTOONS
Education: Cultivation and training, as of the mind, the acquisiti.n or
imparting of knowledge...mental training along a certain !ine.
1) Grandmother Enjoys Marijuana (9/72, p.195). A hip
grandmother enjoys the modern amenities of marijuana suggesting
both the hominess and the harmiessness of drugs for juvenile and
adult readers.
*NOTE: COVER THE CAPTION FIRST. NEXT, READ TEXT
AND DETERMINE THE AGE OF CHILDREN IN CARTOON.
Based upon a found perceptual/behavioral bias toward inflating
children’s ages in cartoons due to precocious captioned language, it is
crucial to cover captions for a more accurate assessment of children’s
chronological ages.
-30-
2) ng yng yt gy = Gp aftind ge 9 adage
brothers, about ten years of age, link the joys of Christmas with
marijuana use, suggesting both the hominess and the harmiessness of
drugs for juvenile and adult readers.
3) Women Enjoy Illicit Drugs (6/77, p. 201). Women describe use
ee eee ey es eee Fa, party
entertainment, suggesting advantages of “recreational” use
for both juvenile and adult readers. —
4) Parents Enjoy Marijuana (3/70, p.221). Parents and other
“elders” learn to enjoy youthful drugs, suggesting both their hominess
and the harmlessness for juvenile and adult readers.
The four cartoons in this st are themes representative of the data
on child and drug images in Flayboy, as well as those in Penthouse and
Hustler (see the “Reismaa Report” Volume [I]. Hundreds of
cartoons, fiction and editorials educate readers to the notion that child
and adult drug users are adventurous risk-takers who do no harm to
self or society. Documentation of Playboy's funding and legislative
lobbying role for NORML (National Orgauization for the Reform of
Marijuana Laws) and for the decriminalization and acceptance of all
illicit drugs in the USA, is available through The Institute for Media
Education (TIME).
il, PLAYBOY CHILD “SEX
EDUCATION” CARTOONS
5) Implied Incest (3/72, p.163). The “Teddy” cartoon is a full
page color image describing a xual scene between a female child
and a male adult. The story takes place in mid-day (based upon the
light violet of the window scene) and in a middle to upper class home
(based upon the dormer window, well kept furnishings, violet wall-
to-wall carpeting, clear possession of room by the lone child, etc.) The
artist, Ffolkes, typically draws this child in his cartoons: a girl of about
breast development, her polka-dot hair bow and yellow
curls complete an look. Since the exag-
young child by simultaneously linking breasts with a child-like face
Se ae aoe, dy
The story is of child sex for money (prostitution). Cartoonist
Ffolkes has the child cheerily blame her “teddy” for the unexpected
Price, portraying the youngster as mercenary and more clever than the
atic
adult male offender. Thus, Ffolkes “equalizes” the child and adult in
his drama, suggesting that the male, not the child, may be victimized,
tricked and exploited. In addition, the casual safety of the man’s
mid-day entry into the bedroom of the already nude female child and
his shock at a charge (blamed on “teddy”), would imply some sort of
kinship pattern; father, uncle or step-dad, etc. Some may question the
incest implication or prefer to see this as an adult prostitute dressing as
a child, an equally problematic “joke”. However, a complete review
of Ffolkes’s 35 child cartoons presents an identifiable artistic pattern
of nude female children in bed with men, women and other adult
family members (e.g. “Uncle William”). Furthermore, as Playboy has
become aware of the Reisman research activity, Ffolkes has lately
abandoned these child-adult sex dramas for other themes.
It is relevant that the male’s appearance, his age, race, white collar
and blue surge suit, identify him as a similar profile to millions of
Playboy readers. This child molestation drama suggests intercourse
may occur and is part of a documented Playboy claim of adult-child
sex harmlessness.
Reality is in contrast to the Ffolkes humor mythology. For, should
a child of this age be penetrated by the sex organ of such an adult
male, the child would commonly sustain significant, often permanent,
physical (as well as emotional) trauma. Here, as throughout hundreds
of similar “jokes,” children are seen as sex objects for some normal
and pedophile juvenile and adult readers.
6)Uncle/ Incest (5/74, p. 205). As in “Teddy”, Ffolkes again uses a
young child (adding a bow, curls and exaggerated breasts) for an
incest/ trickery /statutory rape story. Ffolkes has the child describe an
statutory rape by her overweight, elderly, uncle as a fun
game. Typical of most Playboy child sex abuse humor is the adult use
of “games” to trick children into first degree sex assault with no
physical or emotional harm resulting to the child.
7) Sexual Molestation (10/71, p. 166). Note, Interlandi’s seven- to
ten-year-old child appears older than does Ffolkes’s youngsters (sans
Ffolkes’s exaggerated breasts). interiandi insinuates that his female
child is experienced with hands-on sexual molestation, for we are told
she is comparing this attack with those past. As in the “Teddy”
cartoon, the male offender (a tossled, now robed, neighbor, teacher,
uncle, friend, etc., lighting his “after” cigarette), is the more innocent
of the two characters. This Playboy sex education cartoon claims the
sexually savvy nature of the child who, as ‘ways, is not physically or
emotionally harmed by a man’s suggested .ull sexual assault.
8) Gang Rape by Adult Friends/Beast/Objects (3/78, p. 231).
Again Ffolkes uses the culture of childhood to set his scene. He places
his exaggerated breasts, bow and curls upon a “Dorothy” likely raped
by all three cheery Wizard of Oz friends. An immobile policeman
stands by providing no movement toward chase or arrest. This
particular sex and violence child assault joke is rare for Playboy as it
includes some suggestion of harm (although humorous) and sexual
force (versus trickery) of the child.
Ill: PENTHOUSE CHILD “SEX
EDUCATION” CARTOONS
9) Child Assault (11/76, p. 92) “Straight” sex between an apparent
adult and a five- or six-year-old is not seen as “deviant.” The
Penthouse sex education cartoon implies the child as mature,
mercenary, promiscuous and unharmed by sexual intercourse.
10) Prostitution/Homosexual/Orgy (2/79, p.60). Penthouse
proposes, as above, the precociously natural prostitution of children,
suggesting orgy/homosexual activity with adults as harmless and
funny. This child is seen to be about three to five years of age.
11) Statutory Rape by Object (5/84, p. 137). The use of fairy tales
by pornographers is discussed in greater detail in the “Reisman
Report” Volume I. Here Dorothy was depicted grinning, voluntarily
grasping the Straw Man with her arms and legs, while her two
protectors casually observe the activity. Again, the idea of “adult” and
bizarre sex as harmless to the child is the sex education presented.
12) Child Assault (11/82, p.171). Artist Bill Lee applies the
Ffolkes technique: very small child with exaggerated breasts. The
nude “conservative politician” in bed with the nude child suggests sex
has pleasantly taken place. As with “Uncle William,” (and Interlandi)
tne child places a happy phone call to mom while the man smokes his
“after” cigarette. Harmlessness of adults tricking children into sex is
the sex education presented.
IV: HUSTLER CHILD “SEX
EDUCATION” CARTOONS
13)Incest/ Father Assault (5/84, p. 15). Artist Dwaine Tinsley has
a father attack his teen-age daughter. She frightened but
14) Abortion (2/79, p.85). One of dozens of similar Hustler
abortion “jokes.” Hundreds of “birth” jokes in all three magazines
describe the genre’s systematic portrayal of birth as producing
generally illegitimate, deformed, and/or undesirable offspring.
-32- } o33=
15) Sexua! Assault in Children’s Public Space (3/77). This Tinsley
story provides “Chester the Molester” (a monthly feature) with a
playground victim. Noting the smiling face of the potential victim and
the unusual way in which the chiid’s legs are opened as she goes
toward Chester, Tinsley suggests here that children may seek, but
surely are unharmed by such sexual assaults. Children’s assault by
fathers/neighbors/uncles/Santas/politicians/ministers/fairy tale
friends, in the child's private space (home) and /or public space (e.g.
playground) is common in all three magazines. All three describe
children as sexual “targets” with neither a safe place nor an adult
person (male) they may expect to trust.
16) Kidnapping (10/77). Hustler generally builds stories
and his later cartoons often used much more graphic sexual
cmnien die tT However, the children here are treated with
as little concern for the harm of adult sex assault as are the Playboy
Ffolkes smiling children.
V: SANTA CLAUS (RELIGION) IN PLAYBOY
AND PENTHOUSE CARTOON HUMOR*
17) Cannibalism of Boy (1/77, p.221). Here Playboy's Santa
appears to have cannibalized a boy whose clothing is piled on the
floor at right. Santa's pointy, sharpened teeth and bloody handker-
chief clearly indicate the child was “dinner.” A separate study of the
treatment of religion and Santa, in all three magazines, identified the
treatment of these themes as systematically violent and deviant.
(Preliminary findings on this study are available from TIME).
18) Bestiality (1/79, p.360). *Bestiality between wives and the
family dog, etc., is a common Playboy theme and reported in the
findings under “crime.” It is noteworthy however, that one of the few
Rete denten ahs ness ean
The signifi mong icularty incledi a
millions of children, voluntarily and involuntarily, viewing these
magazines cannot be overstated.
*NOTE: This “childless” Santa cartoon (#18) is presented as a point
of information due to Santa’s emotional/spiritual role in most
children’s lives. Additional Santa analyses are available through the
institute (TIME).
afin
19) Sadistic Sexual Assault (12/74, p.87). Here the small girl in
Penthouse is portrayed as pained, and the lyric supports the notion
that a rape is taking place. Upcn closer inspection we find that while
Santa’s pants are down, the pants are still ON the child. “Public”
adult-child sex and violence (rape) is the suggested entertainment and
sex education theme. See Drs. Wambolt and Negley’s commentary
on this cartoon and 17 other images appendixed to Volume I of the
“Reisman Report ”
20) Child Murder (12/77, p. 208). Killing of boys is portrayed as
humorous in this bloody Penthouse image of a “good boy” shot by
Santa. The genre regularly uses Christmas and Santa as its holy or
spiritual reference. Hence, it is important to note that all three
magazines portray Santa consistently as an immoral, violating or
violated male.
VI: PLAYBOY CHILD “SEX
EDUCATION” PHOTOGRAPHS
21) Nude adolescent and “Rubber Ducky” (7/85, p.133).
Following the announcement of this research, although loudly
denying their history of child sex abusive imagery, Playboy and
Penthouse drastically reduced the numbers and nature of their
sexually assaultive images of children. This 1985 photograph was pert
of the genre’s many subtle attempts to retain the child in sexual scenes.
The yellow duck (called her “rubber ducky”) in this model's hand, the
oversized red high-heeled shoes (taken from mommie’s closet?), the
knock-kneed long, adolescent legs and narrow hip line, white
stockings with yellow duckies, and the suggestive text, testify to
Playboy's attempt to circumvent the juvenile and adult pedophile and
normal reader’s resistance to sexualized images of children, stimu-
22) Incest/Father/Rape (11/71, p.120). This incestuous photo-
graph has been assessed by computer air-brush experts as a cut-and-
paste image of both an adult female and a young child, air-brushed
together to arouse the reader by the child imagery. The pig-tails and
hair bows, Raggedy Ann, white bobby-sox and Mickey Mouse/nur-
sery rhyme sheets, are clear symbols to simulate the child. Moreover,
the calll to the reader/ fathers to force sex on their sleeping daughters is
blatant in this Playboy text (e.g., “Naturally, she digs forceful father
figures, 30 come on strong, Big Daddy!”). Again, as in the cartooned
sex/ violence images of Playboy, there is no suggested harm (physical
or emotional) to the alleged child from such a “forceful father figure.”
The double entendre of “come” on strong, urges fathers/readers to
use violence for full sex entry.
-35-
23) Incest/Rape (8/75, advertisement). This image of a developing
adolescent—apparently handcuffed for giving trouble to parents—is
especially meaningful due to the real life cases of such young women
and girls who have been tied to beds by parents or guardians and
forced to perform sexually. It is especially useful to note that this
photo is an advertisement for Playboy's once “harder” magazine, Oui,
which used even stronger child and violent sex educative material
than did Playboy. The incestuous and sadistic information links sex
and violence and again suggests that the young girl (Jane) is getting
what she deserves, with pleasure for all.
24) Simulated Lesbian/ Incest (7/81, p. 108). Photographer David
Hamilton provides Playboy with “private” scenes of (foreign) nude,
young girls whom he portrays as “cousins,” embracing and displaying
themselves for the reader’s entertainment. Publicly displayed images
of these youngsters (unsubstantiated as either cousins or lesbians) is
not presented as possibly harmful for the girl models now or later,
when they gain their age of majority.
25) Incest/Rape of “Retarded Nymphette” (11/76, p. 147). As in
cartoons, Playboy photos have generally utilized “themes” to exploit
child nudity. “Sex in Cinema” has been a theme which permitted
Playboy to “report” explicit pictures of nude children in foreign films
and/or sexually graphic but unscreened outcuts from American films.
This photo uncritically and glibly describes a “retarded nymphette”
about to be “ravished” by her “father” figure.
26) Incest/Father-Daughter (11/80). Using a now famous
actor/director and a well known child star, this film outcut portrays a
father apparently about to perform oral sex on his young daughter.
Again, Playboy’s text artfully suggests that incest is harmless for a
father or his child.
27) Adolescent and Simulated Lesbian (8/71). This typical
Hamilton photo-essay “peeps” at (foreign) young girls during the
“growth” stage. Hamilton poses the girls as self-exploring and lesbian.
Despite the documented abuse of nude models (from obscene phone
calls to violent rape-murder), the harmless, artistic nature of posing is
emphasized and no possibility of present or future harm to the young
girls from sex display is presented.
28) Teen Nude (8/78, p. 238). Relying upon the sexually mature
appearance of the youngster to legitimize the (now illegal) sexual
exploitation of an underage youth, Playboy knowingly used this nude
photo of Natassja Kinski at 17 years of age. The use of voluntarily
nude young “actresses” further undermines the sensitivity of readers
regarding the capability of young persons, such as 15-year-old
Penthouse pet Tracy Lords (9/84), to give consent to their irreversible
appearance in public sex displays. The Attorney General’s pending
legislation will require a 21-year-age-of-consent cap for nude/sex
models. Not surprisingly, the cap is opposed by the sex industry.
29) “Pseudo-Child” (4/76, cover). Fantasizing child sex for the
reader, Playboy dresses the explicit, sexually seductive, half-nude
adult in a white virginal petticoat, black patent Mary Jane shoes and
white tights, finishing with a little-girl blond hairdo. She sits on a
white bedroom rocker, encircled by child symbols in her pink, blue
and white wallpapered bedroom. Clutching her (surrogate Playboy
reader) white “bunny” to her full breast and surrounded by her small
crushable, vulnerable pastel-colored dolls and stuffed animals, she
gazes out at the reader with a little-girl, “come-hither” pout. Similar
semi-nude child-adults are now regular features in explicit
magazines, films and videos. (Note that this April 1967 Playboy is the
magazine our two little children are examining on the Washingtonian
cover.)
Each independently concluded that two, perhaps three bodies were
combined to create this cut-and-paste female image. The child
clothing and props were all carefully designed to create child arousal
prone be spe 1 ney oer te ay seme lage crepe ar
females. As in cartoons, technically deceptive photos suggest to both
normal and pedophile juvenile and adult readers that the child is a
woman and the woman is a child and thus both children and woman
may be envisioned as appropriate sexual objects.
30) “Peeping” (11/71, p.174). An ostensibly natural, “private”
scene of two nude youths in love provides public entertainment for
Playboy viewers. This may be said to undermine the sensitivity of
readers regarding the right of children to attain their majority before
giving consent to sex displays. These two youngsters are seen as under
18. The 21-year-age-of-consent is meant to provide youth with an
Opportunity to mature prior to being legally as at-risk nude
sex objects. That is, such models serve, i y, a8 a stimulus to
adil digg tia aaa taamammacaaas aaa
Vil: PENTHOUSE CHILD “SEX
EDUCATION” PHOTOGRAPHS
31) A 12-Year-Old Sex Object (1/76, p.54). This explicit
Penthouse display included graphic genital and anal exposure of an
apparent 12-year-old child. For several months following this photo-
story, Penthouse conducted a “guessing game” with prizes for readers
-36- ’ -37-
32) A Six-Year-Old Sex Object (1/81, p.133). This Penthouse
model's face alone (as it appeared in the opening photo of this
cartoons and later in photos has been a blurring of distinctions
between child and adult femaies as sexual objects for both
appropriate
normal and pedophile juvenile and adult readers.
Vill: HUSTLER CHILD “SEX
EDUCATION” PHOTOGRAPHS
33) Incest/Child Molestation (1/76, p. 82). Arguably, the small
boy has been manually stimulated to erection for this illegal,
“spontaneous” photo essay, implying the harmlessness of mother and
son sex.
34) Child Assault (2/75, p. 68). This extensive photo essay pictures
a nude young girl with a clothed middle-aged man. The youngster has
not attained pubic hair as yet. or it has been removed to suggest a
much younger child.*
35) Scout Display (10/76). Hustler often dresses their child or
adult sex models in Brownie, Girl Scout, Camp Fire Girl, Candy
suggesting that adult-child sex/ violence is fun and barmless physically
and emotionally for even the youngest of children.
THE 36 CARTOONS AND PHOTOS
HAVE BEEN OMITTED.
alice
SELECTED FINDINGS | Adult Crime and Violence Depictions
Child Depictions Basic Facts:***
Basic Facts: 42% (6,273) photographs
49% (2,971) photographs 36% (5,338) cartoons
34% (2,016) cartoons 22% (3,243) illustrations
17% (1,017) illustrations
PRINCIPAL AND OTHER ' VICTIM AND OFFENDER
CHILD CHARACTER Where depicted
Where Depicted 46% male 54% male
47% female 49% male 43% female SEX 22% female
32% male SEX 35% female 11% both/other 24% both/other
21% both/other 16% both/other
66% 18-39 years 57% 18-39 years
39% 3-11 years 78% adults 15% 40-60 years 17% 40-60 years
26% 12-17 years 7% 3-11 years 3% 61 + years AGE 3% 61 + years
16% fetus-2 years AGE 7% 12-17 years 16% unspec/ mixed 23% unspec/ mixed
14% pseudo children (*) 6% unspecified
5% unspecified 2% fetus-2 years
85% Caucasian 82% Caucasian
85% Caucasian 85% Caucasian 2% Black RACE 2% Black
3% Black RACE 3% Black 13% Other minority 16% Other minority
12% Other minority 12% Other minority
—— Crime and Violence Depictions: (Nonadditive)
Child Depictions (Nonadditive) violent props (Visuals only)
29% nude/genital display (visuals only) 32% nude and/or sexualized victims
21% visually exposed /sexualized 14% killing/ murder
20% genital activity 14% assault/battery
16% sexual encounter with adult 12% sex dealing/ prostitution
10% force 12% violent sex act
10% killing/ murder/ maiming 12% other violent activity
6% internal genital (“pink”) exposure (visuals only coded) 11% white collar crime
4% sex with animals/objects nae te Magestnn:
Share of Child Depictions by Magazine** Phe = 16 avg/issue (10% of cartoons/ visuals)
Playboy. 8 avg/issue (5% of Playboy cartoons/ visuals) Hustler. 32 avg/issue (26% of uals
Penthouse: 6 avg/issue (4% of Penthouse cartoons/ visuals) (26% of cartoons/ visuals)
Playboy highest year: 1976 (N=490, or 41 per issue)
Hustler. 14 avg/issue (12% of Hustler cartoons/ visuals) Penthouse highest year. 1980 (N=271, or 23
Playboy highest year: 1971 (N=187, or 16 per issue) Hustler highest 1984 (NoS68, - per issue)
Penthouse highest year: 1972 (N=131, or 11 per issue) “nen nti oniamaag
Hustler highest year: 1978 (N=228, or 19 per issue) AGGREGATE SHARE OF CHILDREN,
Over 9,000 scenarios in Playboy, Penthouse and Hustler were | CRIME AND VIOLENCE BY MAGAZINE
identified as depicting characters under 18 years of age. From this Playboy. 29 average per issue
population pool, a mere 6,004 scenarios met the project's unusually Penthouse: 22 average per issue
narrow criteria for the analysis of child depictions.’ Hustler. 46 average per issue
ie : it
| 1835 K Street, N.W. ® Suite 700 * Washington, D.C. 20006
* The description of “pseudo-child” provided in the Attorney 202/634-9821
General's Commission on Pornography (1986, Vol. I, p. 618) reads:
“Pseudo-child pornography or ‘teasers’ involve women allegedly over
the age of eighteen who are ‘presented in such a way as to make them
appear to be children or youths.’ Models used in such publicanions are
chosen for their youthful appearance (e.g., in females, slim build and
small breast); and are presented with various accountrements
designed to enhance the illusion of immaturity (e.g., hair in ponytails
or ringlets, toys, teddy bears, etc.). ‘Pseudo-child pornography’ is of
concern since it may appeal to the same tastes and may evoke
responses similar or identical to those elicited by true child por-
Se Rercstoutetitenbuases, eos Overview of Project (Volume I),
NATIONAL
CENTER FOR
M MISSING | "0% 2, 190¢
EXPLOITED
Table I, “Average Total Number of Features Per ine,” and ‘ JCHILOREN
ttt Sees teeter of Gemen Per Issue
Containing Child Imagery” (pp. 95-96). ,
*** For rationale of final 14,854 estimate, (originally 14,692) see Judith A. Reisman, Ph.D.
Overview Project (Volume 1), Table I, “Average Total Number of President
Data” 133), = = ely an gh The Institute for Media Education
“Cri Violence n ; P.O. Box 7494
ne wore we One Ariington, VA 22207
r : 7404 van iets Dear Judy:
Birmingham, AL
Permit No. 60
Many, many thanks for honoring our
request and providing at no cost the
hundreds of copies of the "Executive
Summary: IMAGES OF CHILDREN, CRIME AND
VIOLENCE IN PLAYBOY, PENTHOUSE AND
HUSTLER MAGAZINES" and for sending them
to our mailing lists of criminal
investigators working cases of missing
and sexually exploited children.
I have carefully studied the
Executive Summary and strongly urge all
those concerned with the welfare of
children to thoroughly review the
document and give heed to the many
disturbing implications contained
therein for the protection of children.
a=h2n -43-
This study must be read by all those
concerned with the ways pornography and
violence in the media affect the
incidence of child sexual exploitation
and abuse. In support of this thought,
you may like to know some of my
professional background and
investigational findings.
Prior to my coming to the National
Center as its Deputy Director, I was the
Program Manager for the
Louisville-Jefferson County KY Exploited
& Missing Child Unit. This
police/social work Team was the first in
the nation created to provide detection,
investigation, and protective services
on behalf of youth as well as
apprehension and prosecutory services
against adults criminally exploiting
children through prostitution,
pornography, or child sex rings in the
Louisville SMSA.
From July, 1980, through February
1984, the police/social work Team of the
E.M.C.U. investigated about 1,400 cases
of children suspected of being victims
of sexual exploitation. 542 (756) of
the children were found to be victims
and an addtional 312% (431) of the
children were considered probable
victims although lacking sufficient
proof for court proceedings.
During this time period, the
E.M.C.U. prosecuted hundreds of adults
for various crimes involving the sexual
exploitation of children. Over 40 major
cases involved the successful
rosecution of adults involved with over
2 children each. In one particular
case, investigators thought there were
-44-
up to 320 child victims. At the time of
arrest of and/or service of search
warrants, ALL of these adult predators
were found with various forms of adult
pornography and in most cases child
nudes and/or child pornography. Over 4
years, the E.M.C.U. Team learned to
expect to always find adult pornography
as such was used by the adult offenders
for their own sexual arousal, for self
validation of their own sexual
deviation(s), for extortion of child
victims or other adults, and for the
deliberate and planned lowering of
inhibitions of child victims.
Truly, the media you have
identified can be devastating in affect
in protecting children and gives real
cause for concern and study when child
erotica seems to be on the increase in
popular literature. Please keep in
touch with all current updates and new
initiatives.
Again, many thanks for the multiple
copies of the report and all your
efforts on behalf of children.
Cordially,
/S/ John
John B. Rabun, Jr., .ACSW
Deputy Director
Technical Assistance
-45-
Memorandum S
Subject
18 U.S.C. Sec. 2251 - 2252
To OJJDP Division Managers
Roberta Dorn
Mary Witten Neal
Ome
22 APR 1968
SS.
From Verne L. anctss Vl
Administrator, OJ
Please be advised that I have received a
memorandum from Charles A. Lauer,
General Counsel, regarding the report
"Images of Children, Crime and Violence
in Playboy, Penthouse and Hustler
Magazines, Executive Summary" that was
recently received in the Office.
Please review the following relevant
portions of the memo from the Office of
General Counsel and notify all of your
staff immediately:
"18 U.S.C. Sec. 2251-2252
provides criminal penalties for
certain acts involving the sexual
exploitation of children.
=46=
cc:
In connection with Judith Reisman's
Report, staff should be cautioned
that the knowing receipt or
distribution of certain visual
depictions (if the depictions are
of minors engaged in sexually
explicit conduct) contained in the
Report or the reproduction of these
visual depictions for distribution
through the mail, as provided in Sec.
2252(a)(1) and (2), may subject th
individual to the criminal pena’ -ies
provided in Sec. 2252(b).
Please advise all staff that the
report should not be duplicated or
sent through the mail."
Charlie Lauer
Diane Munson
Sharon Wagner
Joe Ellis
Kay McKinney
Buddy Howell
aiPa
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.