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Americans strongly support
Internet obscenity law enforcement

Support for obscenity enforcement
as strong as in 1997

Eight out of ten Americans (81%) believe federal laws against Internet obscenity should be vigorously enforced, and seven out of ten (70%) believe that strongly. A higher percentage of women support vigorous enforcement of federal laws against Internet obscenity than men (90% versus 72%).

On the other hand, seven out of ten Americans (70%) say they do not believe these laws are currently being vigorously enforced.

The results come from an opinion poll conducted in early March 2002 by the Wirthlin Worldwide survey research company for Morality in Media. The national telephone poll of 1,004 Americans over age 18 was conducted from March 1st through 4th and has a margin of error of plus or minus 3.1 percentage points at a 95 percent confidence level.

The results of the new Wirthlin survey parallel a similar Morality in Media poll in September 1997, also conducted by Wirthlin. In that survey, 80% said that Federal obscenity laws should be vigorously enforced, and 68% said that the Federal government was not doing enough to enforce them. However, the 1997 survey asked about enforcement of all Federal obscenity laws, while the new survey was limited to the two Federal laws aimed at Internet obscenity.

Morality in Media President Robert W. Peters commented: "Hardcore pornographers have been telling us for years that widespread availability of hardcore pornography is proof of community acceptance. Well, eight out of ten Americans saying that they want vigorous enforcement of Federal laws against Internet obscenity adds up to community rejection of hardcore pornography, and support for prosecutors who vigorously enforce obscenity laws.

"Most Americans do not want their Internet-connected nation and homes drowning in a floodtide of illegal hardcore pornography. They want to live and raise children in a decent society, and in the 1973 Paris Adult Theatre obscenity case, the Supreme Court said that there is a 'right of the Nation and of the States to maintain a decent society.'

"Two Federal obscenity laws (18 USC 1462 and 1465) were amended in 1996 to clarify that use of an interactive computer service to transmit obscene material is prohibited. Violations of these two statutes also constitute predicate crimes under the federal Racketeer Influenced and Corrupt Organizations (RICO) law (18 USC 1961 et seq.) which, among other things, permits the forfeiture of an entire pornography empire.

"For nine long years, there has been little or no enforcement of federal obscenity laws against major commercial distributors of hardcore pornography. In the 2000 presidential elections both major party candidates expressed their support for enforcement of federal obscenity laws. Now is the time for the winner to begin fulfilling his important campaign pledge."

The questions and the numbers

Those interviewed were told, "Since the World Wide Web became more accessible in 1995, more than 20 million Web sites have been created. A large number of these Internet Web sites contain hard-core pornography. The Supreme Court has said that those who distribute hard-core pornography can be prosecuted under obscenity laws. In 1996, Congress expanded the Federal obscenity laws, making it a crime to distribute obscene materials on the Internet."

They were then asked, "In your opinion, should the federal laws against Internet obscenity be vigorously enforced?" For all respondents, the results were:

Yes, strongly: 70 percent
Yes, somewhat: 12 percent
No, somewhat: 9 percent
No, strongly: 7 percent
Don't know/refused: 2 percent

Then they were asked, "Based on what you may know, do you believe the federal laws against Internet obscenity are currently being vigorously enforced?"

For all respondents, the results were:

Yes, strongly: 10 percent
Yes, somewhat: 11 percent
No, somewhat: 24 percent
No, strongly: 46 percent
Don't know/refused: 9 percent

Women and parents strongly support obscenity law enforcement

Not surprisingly, support for obscenity law enforcement (question 1) was particularly strong among women and among parents. Here are some percentages in those demographics ("yes" or "strongly yes" to "Should the federal laws against Internet obscenity be vigorously enforced?"):

Women, overall: 90%
Women, 35-54: 92%
Women, over 55: 94%
Married women: 93%
Homemakers: 93%
Working women: 89%
Respondents married with children: 88%
Respondents with 3 children: 90%
Respondents with 4 or more children: 88%
Working women with children: 91%

Support for vigorous Internet obscenity law enforcement transcended political, denominational, race, and other demographic categories:

Men: 72% yes (strongly or somewhat)
Women: 90%
Younger than age 35: 69%
Age 35 to 54: 85%
Age 55 or older: 90%
High school graduates: 86%
College graduates: 79%
Post college education: 73%
Northeastern U.S. residents: 78%
Midwestern U.S. residents: 84%
Southern U.S. residents: 83%
Western U.S. residents: 80%
Catholics: 85%
Baptists: 90%
Other Christians: 84%
"Born again" Christians: 89%
Not "born again" Christians: 83%
Singles: 66%
Married persons: 87%
Divorced or separated: 83%
Widowed: 87%
Republicans: 82%
Democrats: 81%
Independents: 79%
Registered to vote: 82%
Not registered to vote: 81%
Whites: 81%
Blacks: 82%
Hispanics: 77%


From 1997: Wirthlin Poll Finds 80% want Porn Laws Enforced, and 68% Say Government is Not Doing the Job

FOR USE WEDNESDAY OCTOBER 1, 1997
CONTACT: Patrick McGrath 1-212-870-3222



NEW YORK -- An overwhelming 80% of Americans believe the Federal obscenity laws against hard-core pornography should be vigorously enforced, and 68% believe the Federal government is not vigorously enforcing them, according to a national telephone poll conducted by Wirthlin Worldwide September 19-21 for Morality in Media.

In its report, Wirthlin concluded, "While public opinion clearly indicates that the vigorous enforcement of pornography legislation is preferred by a majority of Americans, the current perception is that enforcement levels are not living up to that expectation. The majority of men (66%) and women (69%), regardless of age, feel that the government is not vigorously enforcing the current legislation."

The two questions relating to Federal obscenity laws were included in a Wirthlin poll of a random sample of Americans age 18 and older.

Morality in Media President Robert Peters said this of the poll findings:

"The results of this poll should greatly encourage every elected and appointed Federal official concerned about the explosive increase in the availability of hardcore pornography, whether these officials are in the White House, Justice Department, Postal and Customs Services, or the 93 U.S. Attorneys' offices.

"This poll should also help dispel the false notion that the widespread availability of hardcore porn is proof of community acceptance. Most Americans do not want their nation and their communities to drown in a floodtide of illegal obscenity. What they want is vigorous enforcement of the constitutional Federal obscenity laws to dam up the flood, and they are correct in their belief that these laws are not now being vigorously enforced."

Those polled were read this brief description of Federal obscenity laws:

"Federal obscenity laws prohibit the importation, mailing, interstate distribution, broadcasting, cablecasting, computer transmission and telephone transmission of hardcore pornography. Federal law also prohibits the local retail sale of hardcore pornography if the local merchant is engaged in the business of selling obscene material and the material has been transported in interstate commerce."

They were then asked, "Do you think federal obscenity laws against hard-core pornography should be vigorously enforced, or not?"

Backing for vigorous enforcement was found in all demographic groups, including women (87%), men (72%), high school graduates (85%), college graduates (82%), whites (81%), blacks (78%), singles (72%), married people (83%), married with children (85%), married without children (69%), Catholics (82%), Baptists (80%) "born again" Christians (85%), Republicans (79%), Democrats (77%), Independents (85%), those who approve the President's job performance (80%) and those who do not (81%).

Support for enforcement was highest among 18-to-34-year-old women, at 90%, but "only 60% of men in the same age group agree," Wirthlin reported. This was "the most striking difference in support levels" among age cohorts.

Other demographic highlights of responses to the first question:

Regionally, support for vigorous enforcement is highest in the Mid-Atlantic, at 85%, and lowest in the Farm Belt, at 70%.

Respondents who identified themselves as Catholics, Baptists, "other Christian," or "born-again Christian" all support vigorous enforcement by more than 80%. Those described as "other non-Christian" support vigorous enforcement by 73%.

85% of respondents with children support vigorous enforcement of the Federal obscenity laws "while only 69% of both single and married individuals without children are supportive."

The second question was this: "Based on your own opinion, would you say that federal obscenity laws are currently being vigorously enforced, or are they not?"

The perception that federal anti-porn enforcement levels are not living up to expectations was widespread among demographic sub-groups, according to the Wirthlin poll report:

The majority of men (68%) and women (69%), regardless of age, feel that the government is not vigorously enforcing the Federal obscenity laws.

78% of single parents believe that vigorous anti-porn enforcement is not taking place. This perception is shared by 67% of married respondents and 70% of divorced or separated individuals.

As education levels increase, so, too, does the perception that the government is not pursuing a vigorous enforcement approach. This perception is shared by 60% of those with some high school education, 70% of high school graduates, 69% of college graduates and 73% with post-graduate education.

Whites (69%) are more likely than blacks (60%) and other minorities (67%) to feel that the government is not vigorously enforcing the obscenity.

Regionally, respondents in the Mountain (78%), Pacific (73%), Outer South (70%) and Great Lakes (70%) areas are more likely to respond that there is not vigorous enforcement going on, with those in the Farm Belt (53%) and New England (54%) less likely to see a lack of vigorous enforcement; those in the Mid-Atlantic (67%) and Deep South (65%) fall in the mid-ground on this question.

Party identification is not significantly linked to perceptions regarding enforcement, although Democrats (70% slightly edge both Republicans (67%) and Independents (66%) in feeling that current government enforcement is not vigorous.

The Wirthlin Worldwide survey research company, based in McLean, Virginia, conducted the survey via telephone among a randomly selected sample of 1,078 American men and women aged 18 and older, between September 19 and September 21, 1997. The margin of error is plus or minus 3%.

Morality in Media is a national, not-for-profit, interfaith organization established in 1962 to combat obscenity and to uphold decency standards in the media. It maintains the National Obscenity Law Center, a clearinghouse of legal materials on obscenity law.

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