The

federal
government,
having
married
big
business,
has also
married
the
Christian
right.
by ALAN BEGNER

Image courtesy of Raging Stallion

74 Dec./Jan. 2007 www.asbmagazine.com
 A s I was driving to work this morning, I heard a
story on National Public Radio. This is Mon-
day, November 6th, the day before election
day throughout the country. While trying to put
a positive spin on allegations that the Justice
Department has lightened up on many of its areas of indictment;
a high Justice Department Official said, “While we’ve made many
less white color and drug cases, you should look at the quality, not
the quantity of the cases. More importantly, we are focusing on
obscenity indictments, and will be making ever increasing cases
in the future. And so, this is a good time to review where we’re at
and where we’re going with the Feds.”
Since George W. Bush took office in 2001, the number of
federal obscenity cases has risen 1,400 percent, to about fifteen
indictments a year. U.S. Attorney General Alberto Gonzales and
Justice Department Task Force Head Bruce Taylor have said
that it is the strategy of the U.S. Department of Justice to target
farthest out themes and indict in socially conservative locals. At
the same time, Justice Department officials announced they will
continue to threaten even small storeowners. Nothing is off the
table according to the Feds.
As I reported in an earlier story, many Assistant U.S. Attorneys
have complained about being forced to make obscenity cases a
priority. Why is it a priority? The answer is astounding.
The federal government, having married big business, has also
married the Christian right. A number of large “Christian Value”
organizations are big players in the Bush Administration. Bruce
Taylor has been linked to Christians for Decency, which was
Image courtesy of Digital Playground
 Of course,
only in America
could a
draft dodging
President paint
a war hero as a
coward, and
the President as
an admired
soldier.
by Charles Keating of the Savings & Loans scandal infamy.
customers’ on-line activities as necessary to fight against terror-
In July of 2005, Alberto Gonzales met with Phil Burress, the
ism. This was described as including saving the records of users
head of Citizens for Community Values, to pursue censoring adult
of adult material. It’s bad enough that the Feds have tried to link
material on television. Burress, a self-proclaimed former porn
adult material for adults with child pornography; but now they are
addict, is so important to the Republican election machine that
linking it to terrorism.
Presidential Chief Advisor Carl Rove credited him with delivering
Only in America could right wing zealots who demand that ev-
Ohio in 2004, and the Presidency to Bush. James Dobson, leader
erybody be like them take over a President and try to destroy our
of Focus on the Family, similarly has delivered important support
industry on the most outrageous lies. Of course, only in America
from Evangelical Christians.
could a draft dodging President paint a war hero as a coward, and
As a result of this and other efforts, the Federal Communica-
the President as an admired soldier. Well, we’ve seen what hap-
tions Commission (FCC) has dramatically stepped up censorship
pened to that lie in the results in Iraq.
of television programming. They have brought us six-figure fines
On May 23, 2006, Five Star Video’s owners and some em-
for the Janet Jackson wardrobe malfunction at the Super Bowl,
ployees were indicted in Phoenix, Arizona on federal obscenity
as well as six-figure fines threatened for simulated sex on televi-
charges. This follows an earlier assault on an adult video produc-
sion that goes longer than the censors deem necessary to tell the
tion company, Extreme Associates, in Pennsylvania.
story. Often, the FCC reports hundreds of thousands of com-
The promised 2257 assault has begun in earnest. On Septem-
plaints about an episode; only to concede that they all come from
ber 12, 2006, the company doing business as “Girls Gone Wild,”
one complainer (a Christian values organization).
pled guilty to 2257 violations by failing to maintain age and identity
As part of this favor, the large hotel chains, including Hilton
documents; and by failing to label its DVDs and video tapes with
and Marriott, have been threatened with prosecution unless they
the custodian’s name and address. They are coughing up about
remove their pay-per-view adult material from rooms. So far, they
$3.7 million, but are being allowed to continue in business. This
have refused to censor themselves.
prosecution occurred while we are still arguing with the Justice
In early 2006, Gonzales and FBI Director Robert Mueller, met
Department over what of the amendments to 2257 are constitu-
privately with representatives of AOL, Comcast, Google, Microsoft
tional.
and Verizon. They were told they must retain records of their
76 Dec./Jan. 2007 www.asbmagazine.com
 Lastly, the Feds have extended obscenity prosecutions in
another sad direction. On September 27, 2006, in the Western
District of Pennsylvania, Karen Fletcher was indicted. Karen
Fletcher writes stories about a child being molested. This is the
first indictment in many years against a defendant for using the
written word only. These are straight obscenity charges. I am
aware of no one having been federally charged with obscenity
for “words only” since Kaplan v. California and Kois v. Wisconsin,
many years ago.
Of course, stories almost always have substantial artist value,
and are well within community acceptance, almost anywhere.
The Karen Fletcher saga reminds me of the wording on my Larry
Flynt t-shirt which says “Killing is a crime; writing about killing is
not; having sex is not a crime; writing about it is.”
Why? Why indeed Larry.

Alan Begner is a nationally recognized first amendment attor-

ney, especially in relation to the adult entertainment business
since 1982. Begner is also an adjunct professor of law at John
Marshall Law School in Atlanta.

ALAN I. BEGNER
Begner & Begner, P.C.
1280 West Peachtree Street
Ste. 230
Atlanta, Georgia 30309-3446
Main: 404-872-5727
Fax: 404-872-5763
Abegner@bellsouth.net

www.asbmagazine.com Dec./Jan. 2007 77